Remarriage

sandykrish (Querist) 16 July 2014 This query is : Resolved
Hi Learned Members,

Happy to share the case has been disposed and the divorce decree has been passed under sec 13 B HMA.

Thank you for all the members in this forum who have assisted me in coming out of this cliché.

I wanted to know if there is any appeal clause under 13 B HMA for remarriage?

I have heard 2 statements:

1. One has to wait for 90 days for either parties to appeal for set aside the decree

AND

2. Under MCD there is no appeal clause one can marry immediately?

Could you please let me which is correct?

Regards

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Sudhir Kumar, Advocate (Expert) 16 July 2014
when the divorce is granted then there is no bar on your marriage as you have no living spouce.

But practically in case the divorce is challenged and you have re-married and the divorce gets set aside then there is social and emotional problem as well.

Rajendra K Goyal (Expert) 16 July 2014
Though you can marry immediately but in practical, you should wait till appeal period is over as safeguard.

Nadeem Qureshi (Expert) 16 July 2014
your welcome Dear, Thanks for appreciation.
You can remarry, immediately without any legal issue....

V R SHROFF (Expert) 16 July 2014
Under MCD there is no appeal
YOU CAN RE-MARRY NOW...........

Advocate Bhartesh goyal (Expert) 16 July 2014
No appeal lies against MCD so you can re marry without waiting more.

Devajyoti Barman (Expert) 16 July 2014
Better to wait till appeal period is over.

Raj Kumar Makkad (Expert) 16 July 2014
As the appeal cannot be filed against the decree passed under section 13B of HMA, there is no legal hurdle to get re-married soon after the passing of the decree.

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