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WAITING_FOR (Nothing)     08 June 2013

Marriage in India : After how much time a spouse can remarry after divorce ...

Circumstances :

My fiance is from UK and british citizenship, her divorce in progress and soon she will get decree absolute, she is mutually divorced with her husband and i am single and having indian citizenship. we are plan to get marry in india.

My Question 1 : I heard that its 90 days needs to wait for remarry again after divorce, is it true ?

(As my fiance is british and in british law they allow to remarry very next day after divorce, if its mutually divorced. As i am indian and NOT divorced so is that 90 days law will apply in our case or not ?)

My Question 2 : Can i submit only decree nisi with marriage registration application and will submit decree absolute when actual marriage will happen after a month. So will it work and will registrar will accept such application ?

(In UK, There is two decrees are anounce in total divorce period, first is 

decree nisi :child and financial is sorted and after 6 weeks decree absolute.

decree absolute  : this 6 weeks time is only give to rethink on decision and check weather they financially seprated or not.)

So is decree nisi is enough for appy, and later we can exibhit decree absolute on when real marriage registratiion happen.

It will be GREAT HELP if someone read all lines and answer, we are really stuck.



Learning

 4 Replies

Rajeev Kumar (Lawyer/Advocate)     08 June 2013

@querist, it is true that your fiance is foreign citizen and you are planning to remarry her in india after her divorce. So indian law will prevail. You can only remarry her after the expiry of 90 days of appealete period here with all relevfnt documents.

Rajeev Kumar (Lawyer/Advocate)     08 June 2013

@querist, it is true that your fiance is foreign citizen and you are planning to remarry her in india after her divorce. So indian law will prevail. You can only remarry her after the expiry of 90 days of appealete period here with all relevfnt documents.

Adv Archana Deshmukh (Practicing Advocate)     08 June 2013

There is no need to wait for 90 day bcoz, the lady was married as per british laws and got divorced as per british laws so there is no question of applicability of Indian laws here.  As far as submitting the application for marriage with decree nisi is concerned, then, you better check with the local sub registrar's office bcoz if with such a decree in hand she is not a divorcee yet and if the 6 weeks period is given for reconsideration of the decision. 

rahul (director)     08 June 2013

there is no need to wait for 90 in india also if mutual divorce is there where 2 motions 13(B)(1) and 13(B)(2).

there was enough time(6month) given to both the parties and after that 13(B)(2) allowed..

mutual divorce is not apealable in india too.//. please note.. you can re-marry on very next day.

 


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