‘Right to marry human right’: Madras High Court calls for changes in Hindu Marriage Act

The Madras High Court has proposed changes to the Hindu Marriage Act regarding remarriage following divorce, arguing that the right to marry is a human right. The court suggested that a spouse should not face uncertainty for years due to prolonged appeals against divorce decrees. Justices G R Swaminathan and M D Sumathi stated that an interim stay on the divorce decree should be obtained within two months of remarriage, rather than relying solely on the timely filing of an appeal.

The couple, married in 2001, faced a divorce decree in March 2021 for cruelty and desertion, leading the husband to challenge the decision. The appeal, initially dismissed for non-prosecution, was later reinstated in March 2026, but by then, the wife had remarried. The court examined Section 15 of the Hindu Marriage Act, which permits remarriage in certain circumstances, and expressed concern that the absence of an interim stay meant the divorce decree remained in effect when the respondent remarried.

The court suggested amending Section 15 to require an interim stay, but clarified that it was merely proposing a legislative change and not creating an actual two-month requirement. The court emphasized that lengthy matrimonial appeals could lead to uncertain outcomes for marriages, which it deemed inequitable.