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Bombay High Court in a full bench judgement has held that a Hindu can remarry after 90 days of being granted a divorce provided that there is no appeal pending against such order. The question that came before the Bombay High Court was one of interpretation of law wherein Family Courts Act, 1984 provides a limitation period of merely 30 days but Section 28 (4) was amended in 2003 to provide a limitation period of 90 days as 30 days was considered insufficient. This particular judgment deals with what supersedes and was related to the interpretation of the statutes.
Click here to view judgement
Earlier, Hindu Marriage Act had a limitation period of 30 days as per section 28 (4) which was far too less and it was thus amended in 2003 as per the case Savitri Pandey vs. Prem Chandra Pandey. The Judgement is very clear when it says that:-
At this stage we would like to observe that the period of limitation prescribed for filing the appeal under Section 28(4) is apparently inadequate which facilitates the frustration of the marriages by the unscrupulous litigant spouses. In a vast country like ours, the powers under the Act are generally exercisable by the District Court and the first appeal has to be filed in the High Court. The distance, the geographical conditions, the financial position of the parties and the time required for filing a regular appeal, if kept in mind, would certainly show that the period of 30 days prescribed for filing the appeal is insufficient and inadequate. In the absence of appeal, the other party can solemnise the marriage and attempt to frustrate the appeal right of the other side as appears to have been done in the instant case. We are of the opinion that a minimum period of 90 days may be prescribed for filing the appeal against any judgment and decree under the Act and any marriage solemnised during the aforesaid period be deemed to be void. Appropriate legislation is required to be made in this regard. We direct the Registry that the copy of this judgment may be forwarded to the Ministry of Law & Justice for such action as it may deem fit to take in this behalf.
