Kerala: A woman who remarries after the legal time limit for challenging her divorce has expired cannot have that marriage declared invalid simply because her former husband later files a delayed appeal, the Kerala High Court has ruled.
The court clarified that section 15 of the Hindu Marriage Act bars remarriage only while that appeal period is still open or when a timely appeal is pending. If no appeal is filed within the prescribed time and a person remarries, a later appeal even if the delay is condoned by the court does not affect the validity of the second marriage.
The high court observed that people who remarry after a divorce decree has attained finality should not be left in legal uncertainty because a belated challenge. It said the law must protect the rights that have already accured to the parties.
In the same case, the court also asked the Family Court to reconsider its order granting rs 20 lakh as permanent alimony, saying the wife’s remarriage and other subsequent developments should be taken into account.
The ruling is expected to provide greater clarity inmatrimonial disputes, reinforcing that delayed appeals cannot automatically unsettle a legally valid remarriage.
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