Waiting period
Rajan
(Querist) 01 April 2013
This query is : Resolved
Dear Sirs,
The divorce judgement was ordered on April 1, 2013 by the Hon'ble Sessions Judge
Can you kindly advice, if the divorced person after waiting for 60 days (till 31 May 2013) and if no appeal is preferred till the completion of the 60th day, can he proceed to marry on the 61st day i.e. June 1, 2013?
Judgement: April 1, 2013
60 days: May 31, 2013
61st day: June 1, 2013
Kindly advice. Thanks in advance
R.K Nanda
(Expert) 01 April 2013
yes, he can marry.
Rajan
(Querist) 01 April 2013
Thank you sir, it is the divorce under Indian Divorce Act professing Christian religion and the divorce was a contested divorce. The doubt arises as some say 60 days is the appeal period and 61st day is eligible to marry? However others say that it is 90 days and on the 91st day one can marry?
Kindly clarify if it is 61st day of 91st day that shall be legal for re-marriage
R.K Nanda
(Expert) 01 April 2013
it is 90 days.
Devajyoti Barman
(Expert) 01 April 2013
yes, there is no problem he marries now.
prabhakar singh
(Expert) 01 April 2013
Your matter is governed by section 57 of the
Indian Divorce Act . You are having wrong information in this regard till now.
READ the section yourself:
s.57. Liberty to parties to marry again. -
"When six months after the date of an order of a High Court confirming the decree for a dissolution of marriage made by a District Judge have expired,
or when six months after the date of any decree of a High Court dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court in its appellate jurisdiction,
or when any such appeal has been dismissed,
or when in the result of any such appeal any marriage is declared to be dissolved,
but no sooner, it shall be lawful for the respect parties to the marriage to marry again, as if the prior marriage had been dissolved by death:
Provided that no appeal to [Supreme Court] has been presented against any such order or decree.
When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been dissolved by death."
EVEN FOR FACTS YOU ARE SPECULATING THE WAITING PERIOD HERE LOOKS TO BE MINIMUM 06 months(180 days) unless the text i got is found old and amended.
Rajan
(Querist) 02 April 2013
Dear Sirs,
Thank you for your advice and with all respects, I am appending the Indian Divorce Act 1869 amend 2001 (under Act 51 of 2001, S 30) that has redefined the Sec 57 of the Act as follows:
Sec 57: Liberty to parties to marry again. – where a decree for dissolution of nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.
Some experts informed that 60 days is the appeal period as per the Civil Procedure and on the 61st day, if no appeal is preferred then one can marry again.
However others informed that 60 days is the appeal period + 30 days the grace period for appeal = 90 days and hence the 91st day one can marry.
Can you please clarify whether 61st day or 91st day after the judgement decree of divorce is lawful to marry.
Thanks in advance
prabhakar singh
(Expert) 02 April 2013
Thanks for bringing the amendment to my notice.
Coming now to your problem unless the time to file appeal in High Court is specifically prescribed in the Indian Divorce Act as 60 days,it would be 90 days as per article 116
of the Limitation Act.
"116.
Under the Code of Civil Procedure,1908
(a) To a High Court from any decree or order;
Ninety days
The date of the decree or order.
(b) To any other court from any decree or order.
Thirty days
The date of the decree or order."
You need to understand accordingly.
Raj Kumar Makkad
(Expert) 02 April 2013
61st day is relevant in your case as there is no such concept of grace period.
prabhakar singh
(Expert) 02 April 2013
Sorry!
you are again hanged unless there is limitation provided any where specifically as sixty days.
After all we are experts so we have authority to confuse for differences even
if they are among us.we do not care what happens to you for we have immunity of free
advice,you can not sue us for our misleads.
