Tarun (Research Analyst) 15 January 2011

Re-marriage after MCD

hi friends,

when can a person remarry after obtaining a decree of MCD ?

People have different opinion about it with some saying to wait for 90 dyas while others saying that you can re-marry the very next day.

what ever is your reply, can you plese provide me with some past refrences ( like any law under Hindu Marriage Act or any past case having the same issue etc. )

Just want to get out of this confusion....... :(

thanks in advance for your valuable opinions.

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5 Replies

Avnish Kaur (Consultant) 15 January 2011

unless decree is obtained by fraud it is not challengeable. if obtained by fraud it can be challenged anytime even beyond 90 days.

u can marry immediately after MCD.

Tarun (Research Analyst) 15 January 2011

Ms. Kaur,

Thanks for your advise.

Coming back to your point, how can a decree be obtained by fraud in the case of Mutual consent divorce when both the parties have given their consent for it and are present in person in front of Judge?

Is there a possibility of a fraud in such scenario ?

Thanks again.

Avnish Kaur (Consultant) 15 January 2011

yes there are a few judgements in this regard where signature of spouse were forged .

1 Like

mohammedali (Sr manager) 18 January 2011

Hello Mam,

A quick question

What is the difference between Order and Decree with ref to MCD? Can a person remarry once the Order is passed by the Judge or he\she has to wait till the decree is obtained, also once the order is passed can it be challenged ? how long the party has to wait before getting remarried.

Thanks