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Richa (HR)     25 November 2013

Re-marriage after divorce

Hello,

I got a mutual divorced on November 2. Now I want to re marry. I am a Hindu and even the other person is Hindu. 

Is it possible to get married after the mutual divorce quickly or is there any waiting time.

Please help and give the contact details for consultation.

Thanks for the help.



Learning

 12 Replies

K*I*L*L*E*R (tech)     25 November 2013

Can u please share ur timeline when did u applied for divorce time between filing petition and first motion and then time between first and second motion and what judge asked at time of hearing

I wanrt to know all this because i m applying for mcd in next coming months

Thanks

K*I*L*L*E*R (tech)     25 November 2013

Also did u got divorce judgement and decree copy and time period of getting all this after divorce

Ms.Nirmala P.Rao (CEO)     25 November 2013

Once the decree of divorce is granted to you by the court , it shall be deemed that both the parties to the divorce petition are legally separated  from that date  and hence from that date you can validly remarry in law.. If you wish to thank me for this reply please click the thank you button on this forum.

T. Kalaiselvan, Advocate (Advocate)     25 November 2013

Yes, you can marry once again immediately after having dissolved your marriage by a decree of divorce on mutual consent but do not marry the same person.  Generally, in MCD, either party will not be in favor of any idea about preferring an appeal as all the problems have been sorted out before the grant of divorce hence do not have to wait for the cooling off period after pronouncement of judgment.

adv.raghavan (Advocate,9444674980)     25 November 2013

u have to wait for 90 days,to get remarried.

Ms.Nirmala P.Rao (CEO)     25 November 2013

Go by section 15 of Hindu Marriage Act. You can remarry as soon as a decree of divorce is pronounced once the decree has become final whether an appeal has been preferred or otherwise. I mean- the time for preferring an appeal has expired or  the decree of divorce has been confirmed by the appellate court, you can remarry the moment the decree of  divorce has been pronounced either by the original court/family court or the appellate court  etc.

Richa (HR)     25 November 2013

Thank You Mam. 

 

Now I got the decree last week , can I get married next month. Please help.

Richa (HR)     25 November 2013

could someone tell me why there are different answers to the same question. 

Some said instantly we can get married and some said 90 days.

CAN SOMEONE PLEASE HELP.

thanks.

 

K*I*L*L*E*R (tech)     25 November 2013

Dear could u share time lines and what did the judge ask u plzzzzzz

Damayanti (Unemployed)     25 November 2013

Wait for 90 days.
 
Appeal against MCD decree is also maintainable.
 
There may arise many situations whereby one of the spouse may want to appeal against mcd decree.
 
................... fraud, force, coercion, perjury, non compliance to terms or cheating, concealment, misrepresentation, impersonation, imposter in place of genuine spouse

(Guest)

Damayanthi is right.

 

but if u have agreed upon any MOU that neither of you would go for civil/criminal cases then 

very likely there would not be any appeals, hence no kochen of 90days

Laxmi Kant Joshi (Advocate )     25 November 2013

Wait for 90 days , as It is the limitation period to appeal against the decree of divorce .

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