Indian Divorce Act: Section 57 – Liberty to parties to marry again

When six months after the date of an order of a High Court confirming the decree for a dissolution of marriage made by a District Judge have expired, or when six months after the date of’ any decree of a high Court dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court in its appellate jurisdiction, or when any such appeal has been dismissed, or when in the result of any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death:Provided that no appeal to the Supreme Court has been presented against any such order or decree. When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been dissolved by death.

Simplified Explanation

Key Points of Section 57

1. Time Period After Decree:
   • Six months after the High Court confirms the decree for dissolution of marriage made by the District Judge, or six months after the date of the High Court’s decree dissolving the marriage.
2. No Appeal or Appeal Dismissed:
   • After the six-month period, if no appeal has been presented to the High Court, or if any appeal made against the decree has been dismissed, the marriage is considered dissolved, and the respective parties may remarry.
3. Outcome of Appeal:
   • If an appeal is made to the Supreme Court and is dismissed, or if the Supreme Court upholds the dissolution of marriage, the parties may remarry as if the previous marriage had ended by death.
4. Effect of Decree:
   • After the six-month period or after any appeals are resolved (either dismissed or resulting in the marriage being declared dissolved), the parties may remarry as if the previous marriage was legally terminated by death, allowing them to enter into a new marriage.
5. Appeal to Supreme Court:
   • The provision is subject to the condition that no appeal has been made to the Supreme Court or if such an appeal has been dismissed, meaning if the Supreme Court overturns the decision, it could prevent the remarriage until the legal situation is resolved.

Implications of Section 57

1. Legal Clarity for Remarriage:
   • This section establishes a clear timeframe and conditions under which both parties to a divorce may remarry, ensuring they have the legal right to do so once the dissolution of their marriage is final and confirmed.
2. Six-Month Waiting Period:
   • The six-month waiting period ensures that the parties have adequate time for any appeal process and that no remarriage happens before the legal dissolution of the marriage is final.
3. Appeals Process:
   • If there are no appeals, or if appeals are dismissed, the decree of divorce becomes final, and the parties are free to remarry.
   • The provision clarifies that the remarriage can occur once the marriage is dissolved, treating the dissolution similarly to the death of a spouse.
4. Supreme Court’s Role:
   • If an appeal to the Supreme Court occurs, the remarriage is contingent upon the final decision being made in favor of dissolution.
   • Until the appeal is resolved, the parties cannot remarry, ensuring that no remarriage happens if the dissolution is still under judicial review.

Example of Application

1. High Court Decree:
   • If a District Judge grants a decree of divorce, and the High Court confirms this decree, six months must pass. If no appeal is filed, the parties may legally remarry after this time.
2. Appeal Process:
   • If an appeal is filed against the decree, the parties must wait until the appeal is dismissed or the final decision declares the marriage dissolved.
   • If the appeal is dismissed, the parties may remarry.
3. Supreme Court Appeal:
   • If a Supreme Court appeal is filed, and the Court dismisses it or upholds the divorce, the parties may then remarry, treating the prior marriage as if it had ended by death.

Conclusion

Section 57 of the Indian Divorce Act provides the legal framework for parties to remarry after their marriage is legally dissolved. The six-month period ensures that the dissolution is final, and the appeals process ensures that no remarriage occurs while the divorce is still under review. The section establishes that after the final decree, remarriage is treated as if the prior marriage had been dissolved by death.