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Natesan (Law)     18 November 2008

Marry again after divorce

After exparte divorce degree in Nov-2008  , Hindu Law section13 , when can the girl marry again another man ?

1. Can she marry after 30 days exparte decree ?

2. Appeal period is 30 days or 90 days ?

3. If she marries after 30 days but before 90 days does it come under bigamy or void marriage ?

Please advise when she can marry again.

Natesan.



Learning

 20 Replies

Adv.Shine Thomas (Advocate)     18 November 2008

Appeal period is 90 days.She can marry again after 90 days.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 November 2008

She can remarry after 30 days. but main thing is order(ex-parte) order. tell me whether the order is conditional or not. plz show me the order sheet.


u can contact me at:-


rakhibudhiraja@gmail.com


My Cell no.-9871158578/9711364956


 

Natesan (Law)     18 November 2008

Thanks Shine Thomas and Budhiraja. 


Why there is different version ? can you please confirm when can re-marry ? is it after 30 days or 90 days ?. 


Regarding the ex-parte decree, there is no condition at all [it is by family court].


Natesan.


 

mandar (consultant)     18 November 2008

though it is ex-partae order confirm yhe the period for appeal after expiry of yhat period u can remarry

Rohit Krishan Naagpal (Advocate)     18 November 2008

One can marry after 90 days if appeal is not filed !

K.C.Suresh (Advocate)     18 November 2008

90 days

Tribhuwan Pandey (Advocate)     18 November 2008

If apeal has not filed she can marry after 90 days bcoz after amendment in the Hindu Marriage Act limitation period for filing an appeal is 90 days (previously it was 30 days)


If appeal has been filed then  it is automatic stay on remarry, remarriage can be solmnized after the disposal of the appeal if the appeal be dismissed. If allowed then the decision of the appellate court will be binding on the parties.

Natesan (Law)     19 November 2008

thanks to you all. Just one more clarification, if she marries after 30 days , will it be bigamy ? or voidable marriage ?


I just wanted to know whether her re-marriage after 30 days is crime in terms of bigamy or not. Please advise. Thanks.


Natesan 

prof s c pratihar (medical practitioner &legal studies)     19 November 2008

resolved. however you should file a caveat.

Natesan (Law)     20 November 2008

Thanks Mr.Pratihar.  I don't understand what you mean. Can you please explain in bit detail. Becoz her future husband wants to marry her immediatly. Thanks.


Natesan

Tribhuwan Pandey (Advocate)     20 November 2008

First ensure that other party has not filed an appeal, if he does not file an appeal within 90 days then the re-marriage even immediately after the divorce is valid. if the appeal has been filed within time period, such marriage solemnized within this period is voidable and depends on the decision of the appellate court.

prof s c pratihar (medical practitioner &legal studies)     20 November 2008

mr pandey and ors given clear mandate.however you pls wait for 90 days and also file caveate so that op can not get another exparty order.this is for your sefety. nothing will happen ,you just wait for limitation period.

Natesan (Law)     21 November 2008

Thanks Mr.Pandey and Mr.Pratihar..


Well, it is good to wait for 90 days, but girl's ex-husband is not a good guy and he always wanted to trouble her and for sure he will file appeal and drag the case for next 4 to 6 years just to spoil this girl's next better life as well. This girl will lose her most valuable part of life which is between 25 and 35, just by waiting for the judgement in everycourt.  And also her future husband is ready to marry her now , she doesn't want to miss this chance. She doesnot want to be sued under bigammy. As long as the marriage after 30 days doesn't attract bigamy she is happy to marry the future husband. Hope you all understand the situation of the girl. 

Tribhuwan Pandey (Advocate)     21 November 2008

Mr. Natesan there are some skills/trick out of the legal advice which the advocates give to their clients that how to avoid from bad situations but which cannot be share openly. 


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