Under the Hindu Marriage Act, 1955, during the pendency of appeal against the decree of divorce, the…

Section 15 of the Hindu Marriage Act 1955 permits remarriage after divorce only when there is no right of appeal, the time for appeal has expired without an appeal, or the appeal has been dismissed. While an appeal is pending the parties "Are not competent to contract another marriage and their incapacity to do so is absolute", and the Act gives the court no power to grant leave.

Current law: In Anurag Mittal v Shaily Mishra Mittal (2018), the Supreme Court held that the bar does not apply where the appeal had already been settled and withdrawn before the remarriage, even though formal dismissal came later. For persons covered by Uttarakhand's Uniform Civil Code, section 30 of that Code supplies the corresponding rule.