Section 30 of SMA : Section 30: Remarriage Of Divorced Persons
The Special Marriage Act, 1954
Bare Act
- CHAPTER VI: NULLITY OF MARRIAGE AND DIVORCE
Where 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—
- either party to the marriage may marry again.
Simplified Act
If a marriage has ended because of a divorce, and:
- No one can challenge the divorce in court,
- OR the period to challenge the divorce is over and no one has done so,
- OR ...
Explanation using Example
Imagine a couple, John and Jane, who got married under the Special Marriage Act. After a few years, they decided to part ways and filed for divorce. The court granted them a decree of divorce. Since neither John nor Jane wanted to contest the decision, they did not appeal within the given time frame. Once the period for filin...