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Mahesh Kumar (Proprietor)     18 November 2014

Regarding ex-party divorce

Dear Sir,

My Sister got an Ex-Party Divroce Decree Order. I wish to know:

1. When she can get  married again ?

2. What is the appeal period so that she has to wait for a remarriage?

Kindly provide me with appropriate reply as per Hindu Law.



Learning

 2 Replies

Uttam Maheshwari (Associate)     19 November 2014

Dear Mahesh-ji,

Since your sister has an 'ex-parte divorce decree' in her favour, the husband would have two options: (a) To file application for setting aside ex-parte, or (b) To file an appeal against the decree. In either case, the upper statutory limitation is 90 days as per the Hindu Marriage Act, 1955.

Thus, after lapse of 90 days from the date of decree, your sister is free to marry. 

Best, Uttam Maheshwari

Adv k . mahesh (advocate)     19 November 2014

yes the limitation for appeal is 90 days after that you sister can remarry of her choice and also court will ascertain why that ex parte decree was awarded 


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