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Either Party Can Remarry If No Appeal Is Filed Within Limitation Period Against Ex Parte Decree Of Divorce: Delhi HC

The Delhi High Court has held that in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation. “In law the effect of ex parte decree of divorce is not different from a contested one. Even Section 15 of the Act does not make any distinction between a contested decree and an ex parte decree. Therefore, in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation”, Justice Sanjeev Sachdeva and Justice Vikas Mahajan noted. In this case, an appeal was filed against the Order dismissing the application filed by the appellant-wife seeking setting aside of the ex parte judgment and decree of divorce.

Judgement date 21.04.2023
MAT.APP.(F.C.)/189/2022