Latest Judgement

1. In its recent judgement the Hon’ble Supreme Court of India had observed that under Section. 15, of the Hindu Marriage Act, 1956, there is restriction on remarriage of a divorced person.
2. The Hon’ble Court observed that filing of an appeal against the decree passed by the Family Court, before the Hon’ble High Court, within appeal period is sufficient for application of Section. 15, of the Hindu Marriage Act, 1956.
3. In divorce proceedings it is very common that after passing of a decree of divorce by the Family Court, the aggrieved spouse may file an appeal before the High Court, however the appeal may not be heard by the High Court for a long time.
4. The Hon’ble Supreme Court declared that the word “Presented” used in Section. 15, of the Hindu Marriage Act, 1955, in its true sense means filing of an appeal by the unsuccessful spouse before the High Court and the word “Presented” does not mean hearing by the High Court Judge.
5. The Hon’ble Supreme Court held that the time spent in obtaining certified copy of the divorce decree under Section. 12 of the Limitation Act, must be excluded in calculating the limitation period for filing appeal against a divorce decree.

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