Re: re-marriage after divorce
What is in the name
(Querist) 18 October 2012
This query is : Resolved
Dear Experts,
I keep hearing that for remarrying after Divorce decree is obtained, you must wait for a certain period (some say 30 days and some say 90 days) referred as appealing period.
My query is - I presume there is a law that says that even after you have attained a Divorce decree (meaning the marriage is dissolved), you cannot re-marry until the referred appealing period. Could someone please help with the specific law details description that states so?
I felt it is contradictory to the passing of the order and issuance of Divorce decree, hence would like to validate with the experts.
Thank you in advance.
M.Sheik Mohammed Ali
(Expert) 18 October 2012
as per the law, the decree holder must wait 90 days but now a day all are violating the rules and act.
ajay sethi
(Expert) 18 October 2012
as per HMA,
15. Divorced persons when may marry again
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
it is better to wait for 6 months .
Tajobsindia
(Expert) 18 October 2012
I slightly differ to Mr. Sethi quote 'it is better to wait for 6 months' unquote.
Ref.: Tejinder Kaur Vs Gurmit Singh (1998) 2 SCC 90
Held - After getting divorce the other party cannot marry again immediately without the lapse of appeal time i.e. 3 months (90 days) meant for High Court or Supreme Court. If not then the second marriage may be declared as void if the other party succeeds.
Thus Law is well settled in asked query long time ago.
R.K Nanda
(Expert) 18 October 2012
it is 90 days.
Guest
(Expert) 18 October 2012
3 months is OK.
Rajeev Kumar
(Expert) 18 October 2012
Appealate period is 90 days
V R SHROFF
(Expert) 18 October 2012
voidable, not void.
desirable to wait during appeal period 90 days , but not mandatory.
Once Divorced, u hv right to re -marry
What is in the name
(Querist) 19 October 2012
Thanks everyone.
Shroff sir,
could you please help explain what you meant by - 'voidable, not void' ?
Also, desirable to wait but not mandatory - does it mean the law does not stop you for re-marrying within 90 days from Divorce decree nor it can/will punish you?
Thanks once again.
Devajyoti Barman
(Expert) 19 October 2012
To wait till expiry of 90 days is mandatory.
Void means it is illegal form the very beginning and does not require stamp of court.
Voidable means it is legal unless the other party challenges it.
What is in the name
(Querist) 20 October 2012
Thanks Devajyoti.
One last clarification - what are possible actions regarding the re-marriage, if after 90 days you re-marry while other party files an appeal but person re-marrying is unaware of the appeal
Arun Kumar Bhagat
(Expert) 13 November 2012
In one case of mine, the Respondent filed the appeal after appeal period was over by seeking condonation of delay and in the meantime my client re-married. Judge repeatedly asked me to settle the matter amicably as second marriage was also legal but the respondent is adamant for not giving divorce.
