Marriage under Hindu law is regarded as a sacred bond, but the Hindu Marriage Act, 1955 (HMA) permits dissolution of marriage through divorce on specified grounds. A recurring legal issue arises in situations where a spouse, after obtaining a divorce decree, seeks to remarry before the statutory appeal period lapses. Section 15 of the HMA addresses this aspect, stating that remarriage is permissible only after the time for appeal has expired or an appeal, if filed, has been dismissed.
The question of whether remarriage during this appeal period is valid if the decree remains unchallenged has often engaged courts. In Rakhi v. Krishnakumar & Ors. (2025:KER:60941), Kerala High Court clarified this legal uncertainty, holding that where the divorce decree stands unchallenged, remarriage contracted during the statutory appeal period cannot be invalidated by anyone other than the first spouse.
Factual Background
- The parties, Rakhi (petitioner-wife) and Krishnakumar (respondent-husband), were married on 28 December 2007.
- Rakhi had earlier been married to another person. That marriage was dissolved by a mutual consent decree of divorce (Ext.P6) passed by the Family Court, Kollam, also on 28 December 2007.
- Krishnakumar later alleged that Rakhi’s divorce decree was passed only after 11 AM on that day, while their marriage ceremony had been solemnised at 10 AM. He argued that at the time of their marriage, Rakhi was technically still married to her first husband, rendering their marriage void.
- On this basis, Krishnakumar sought to amend his pending divorce petition (OP No. 29/2023) to also claim a declaration that the marriage was void ab initio. The Family Court allowed this amendment.
- Rakhi challenged this order before the Kerala High Court, contending that the amendment was impermissible and that the marriage could not be declared void, since her first marriage had already been dissolved.
Issues Before the Court
- When does a divorce decree take effect — from the time of pronouncement or from the commencement of the date on which it is delivered?
- Whether Section 15 of the Hindu Marriage Act prohibit remarriage during the statutory appeal period even when the decree is unchallenged?
- Can a subsequent spouse challenge the legality of marriage on the ground that the earlier divorce decree was delivered later on the same day as the remarriage?
Statutory Framework
Section 15, Hindu Marriage Act, 1955
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
The provision was designed to protect the efficacy of appeals and to prevent conflicting marital ties. However, its rigid application has sometimes clashed with principles of fairness, especially when remarriage takes place without any pending challenge to the divorce decree.
Order XX, Code of Civil Procedure, 1908
Rule 1: Judgments to be pronounced in open court.
Rule 3: Judgment to be dated and signed at pronouncement.
Rule 7: Decree to bear the date of the judgment.
Together, these provisions clarify that judgments take effect from the date they are delivered, without reference to the time of day.
Judgment of the Kerala High Court
The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha allowed Rakhi’s petition and set aside the Family Court’s order permitting amendment of pleadings.
Key Findings
I) Effect of Divorce Decree
- The Court held that a judgment or decree becomes operative from the commencement of the day on which it is delivered, not from the exact time.
- Thus, Rakhi’s divorce decree dated 28.12.2007 took effect from the start of that day, irrespective of whether it was pronounced before or after the marriage ceremony.
II) Section 15, Hindu Marriage Act
- Section 15 prohibits remarriage until the statutory appeal period expires, unless the appeal is dismissed earlier.
- However, the Court clarified that if the first spouse files no appeal, the subsequent marriage cannot be challenged by any third party, including the second spouse.
III) Challenge by the Second Husband
- Since Rakhi’s first husband never challenged the validity of her second marriage, Krishnakumar could not raise the plea that their marriage was void.
IV) Amendment of Pleadings
- The Court found the Family Court erred in permitting conflicting reliefs — one claiming divorce based on a valid marriage and another seeking a declaration of nullity.
- Such amendments, without framing them as alternative prayers, created contradictory positions and were legally impermissible.
Key Highlights of the Judgment
Justice Devan Ramachandran and Justice M.B. Snehalatha stated:
Once the judgment is pronounced/delivered, it takes effect immediately and operates from the commencement of the day it was so pronounced or delivered.
When there was no challenge against Ext.P6, the marriage contracted by the petitioner on 28.12.2007 would stand protected from challenge by any other person, except her first husband.
The first set, which is the original set, seeks divorce on the basis of marriage being valid; while, the second one, as is proposed to be amended, impels a plea for the marriage to be declared to be void. Ext.P3 application does not seek amendments to be as alternative reliefs, but as substantive prayers.
These observations reaffirm both procedural discipline in matrimonial litigation and the substantive protection afforded to remarriages following an unchallenged divorce.
Significance of the Judgment
- Clarifies Section 15 HMA: The judgment removes ambiguity regarding remarriage during the statutory appeal period. It recognises that, unless an appeal is filed, remarriage is lawful and cannot be invalidated by anyone other than the former spouse.
- Prevents Misuse by Subsequent Spouses: The decision bars subsequent spouses from retrospectively questioning the legality of marriage based on technicalities like the time of pronouncement of divorce.
- Doctrine of Relation Back: By holding that judgments operate from the commencement of the day they are dated, the Court reaffirmed the settled principle of law, preventing unnecessary disputes on the timing of decrees.
- Strengthens Legal Certainty: The ruling provides stability to matrimonial relationships by ensuring that remarriages are not put in jeopardy long after they are solemnised, merely because of unchallenged procedural loopholes.
- Guidance to Family Courts: The judgment cautions Family Courts against allowing contradictory amendments in matrimonial petitions, stressing that reliefs must be properly framed as alternatives.
Conclusion
Kerala High Court’s decision in Rakhi v. Krishnakumar & Ors. (2025) delivers much-needed clarity on the contentious question of remarriage during the statutory appeal period under Section 15 of the Hindu Marriage Act. It establishes that:
- A divorce decree takes effect from the commencement of the date of pronouncement, not from the time.
- Remarriage is valid if the decree stands unchallenged, and only the former spouse can contest its legality.
- Procedural fairness requires that contradictory reliefs in matrimonial cases be carefully scrutinised.
This ruling strengthens the legal position of individuals seeking a fresh start after divorce while balancing the principles of finality and fairness. It underscores that matrimonial litigation should not be misused as a weapon to invalidate marriages and destabilise lives retrospectively.
Thus, the judgment is a significant step in reinforcing legal certainty, fairness, and the protective purpose of matrimonial law in India.