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Nithya (Customer Support executive)     03 August 2010

Divorce person when can do second marriage?

After getting divorce, when can do second marriage?



Learning

 16 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 August 2010

your question itself has answer.

(Guest)

when period of appeal aqgainst divorce decree  is over u can remarry

N.K.Assumi (Advocate)     03 August 2010

Yes, avinash is right. Under Indian Divorce Act it is 6 months if I am not mistaken, and under Special Marriage Act  and Hindu Marriage act one year is the waiting period.

Adv Archana Deshmukh (Practicing Advocate)     03 August 2010

Under the Hindu Marriage Act, a divorced person can remarry when period of appeal against the divorce decree has expired, which is 90 days as per S.28.

1 Like

(Guest)

in HMA 90 days from the date of decree or if appeal filed till the dismissal of appeal.

N.K.Assumi (Advocate)     03 August 2010

Thank you for the correction.

Arup (UNEMPLOYED)     03 August 2010

here is the bare act.

hindu marriage act sec 15. Divorced persons when may marry again. When a marriage has been dissolved by a decree of divorce an either there is no right of appeal against the decree or, if there is such 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.

N.K.Assumi (Advocate)     03 August 2010

 Arup Sir, so what that section 15 intends by omitting one year period of waiting? Archana, what about section 28 (4) of the HMA, is it 30 days or 90 days? Or is there any amendment in the Act?

Adv Archana Deshmukh (Practicing Advocate)     04 August 2010

Previously it was 30 day, but the Marriage Laws(Amendment)Act, 2003 has amended it and made 90 days.

N.K.Assumi (Advocate)     04 August 2010

Once again thnk you for correcting me. Archana, could you kindly explain the present position of section 15 which has done away with the waiting period of one year? Does it mean that after the expiry of 90 days of appeal the divorce spouse can remarry?


(Guest)

Sh Assumi ji,

Yes, after expiry of 90 days a divorce spouse can remarry again. Also kindly review full text of last Amendement in Hindu Marriage Law as advised by Ms. Archana at

https://lawmin.nic.in/legislative/marriage_bill.htm

Arup (UNEMPLOYED)     04 August 2010

HMA sec 14 - No petition for divorce to be presented within one       year of marriage.

IT IS FOR DIVORCE PETITION.

AFTER OBTAINING DIVORCE THE PERSON HAS TO WAIT FOR 90 DAYS FOR GOING ON ANOTHER MARRIAGE. PREVIOUSLY IT WAS 30 DAYS. MS ARCHANA PERFECT.

Arup (UNEMPLOYED)     04 August 2010

NOW A DAYS THE TIME BAR OF 90 DAYS MENTIONED IN THE DECREE OF DIVORCE.

Adv Archana Deshmukh (Practicing Advocate)     04 August 2010

Assumi Sir, at present there is no waiting period of one year in S.15 of the HMA. Presently, the provision of S.15 is as it is reproduced in the 8th post here by shri Arup ji . So, a divorced person can remarry after 90 days from the date of the decree, if no appeal is presented.


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