LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ada (none)     11 March 2013

Guidelines to apply for court marriage after the divorce

Hello, Need assistance

I am in the middle of mutual consent divorce. Last date to appear in courte after 6 months period is july 6th 2013.

1. In case I want to go for registered remarriage,how long does a person have to wait before giving a notice for register marriage.

2. Is it legally acceptable to give notice for register remarriage right after the last day of appearence in court for finalizing the divorce? or one can not apply for register marriage untill the waiting period for appeal against divorce is over?

3. Is it compulsory to give 1 month advance notice in court for register marriage.? How the date for register marriage is decided?

4. Do I have to provide a divorce decree at the time of giving notice for register remarriage or on the actual day of register marriage.

Basically how soon can i apply and do a register marriage after 6th July 2013.

Thank you.



 5 Replies


(Guest)

The period of limitation within which a spouse, against whom decree of divorce has been passed, can file appeal against decree of divorce, is 90 days from the date of decree of divorce.

But if the spouse fails to appeal within the period of 90 days, the spouse in whose favour the decree of divorce has been passed, can remarry.

For Hindus, marriages performed and registered in Arya Samaj Temples are sufficient. Process of registration of marriages in Arya Samaj are cheaper and faster and in value equal to regiastration of marriage with registrar of marriages.

Manish Udar (www.Mehnat.IN)     11 March 2013

You can apply for court marriage immediately after getting copy of divorce decree but you have to wait till 90 days after divorce.

www.mehnat.in

Dr. M. C. Gupta (Associate Professor)     11 March 2013

I think Sandeep ji is right. in any case whatever the way the case is decided. The Limitations Act gives right to any party not satisfied from the decision of the court, to file an appeal against the decision of the court. Till the limitataion period is over the winning party can not take any action on the basis of such decision. Yes if he does so, I thnk he can do it at his risk,

Suppose, later on the decision is reversed or changed in any manner whatsoever, this would be have no effect on the rights of the appellant as per the appellate court's judgement. But, however, the legitimacy of the action taken by the respondent on the basis of the decision appealed against, shall be judged in the light of the judgement of the appelant court,

For example if the winner fixes marriage with some other girl before finalization of the divorce, spending a huge amount on the fixation of the the marriage dufing the limitation period, and in case the other party files an appealand wins then he has to cancel the remaariage, in the appellant shall not be resposible for such an expenditure etc.

So it would be better to wait for the period of limitation for appeal to expire.

CommonMann (Software Professional)     11 March 2013

As mush as I know there is no waiting period in case of Mutual Consent Divorce. You do not have to wait for 90 days. You can immediately remarry after receving your divorce decree. After your 2nd motion ie after 6 months if both parties agreed then divorce is granted and you collect the decree in 3-4 days and you can remarry also without delay.


(Guest)

To: CommonMann, Ada

It is a misconception that no appeal lies against the decree of divorce by mutual consent and winning party can remarry immediately without observing any waiting period after the date of passing of the decree of divorce by mutual consent.


The reason of why the appeal lies against decree of divorce by mutual consent is, the decree of divorce is sought on the ground of mutual consent and consents of both parties should not be obtained by force, fraud or undue influence caused by either party, consents should be free. The party who feels aggrieved for any of these reasons can appeal against the order or decree of divorce stating that his/her consent was not free but was obtained by force, fraud or undue influence, which the trail court failed to check or confirm before passing such order of divorce. Therefore, even in decree of divorce by mutual consent, a waiting period shall be observed before remarrying.


 

Section 28 in The Hindu Marriage Act, 1955
28. 1[ Appeals from decrees and orders.
(1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub- section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.
(2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub- section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
(4) Every- appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.
[according to amendment by THE MARRIAGE LAWS (AMENDMENT) ACT, 2003]

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query