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amit (partner)     26 October 2009

Re-Marraige after Mutual Divorce

Dear Lawyers

Pls.advice, my freind is getting divorce by mutual consent & her second heraing is on 30 th Oct 09 & she want to re-marry as soon as divorce decree pass on 30th,what is the appeal period after divorce 1 month or 3 month,if she marries next day after divorce by regitered marraige is it bigamy or crimanal offense, if in appeal period  it is found that divorce is vaild then it is not bigamy,so try to help me by telling some tricks for getting he rer-married soon as she got divorce order & is she can apply for registerd marraige next day after divorce



Learning

 8 Replies

Vikas Dharmendra (Consultant)     26 October 2009

she can remarry after 3 months

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     26 October 2009

There is no provision for appeal on Divorce by Mutual consent.  There is no Counter petitioners on that case.  She can marry on the next day after getting divorce.


(Guest)

Amit ji, after getting divorce decree only one can marry. No time limit after getting divorce decree can marry very next day also.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     27 October 2009

In mutual divorce there is no time limit, but as per law, remarriage is prescribe only after appeal time, but in mutual divorce there is no appeal, so you may marry after getting divorce decree.

Regards

adv.kamal.grover@gmail.com

Adv Archana Deshmukh (Practicing Advocate)     27 October 2009

Can marry at any time after divorce, in case of divorce by mutual consent.

Tarun Kalra LL.M, M.B.A (advocate)     28 October 2009

no provision of appeal in case of mutual concent, she can marry while she would get the judgement of the court, its safe to get the certified copy of judgement before marrying, for evidence,

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     01 January 2010

yes it is confirmed that after granting mutual divorce both the parties free to marry on the next very day. it is within the hindu marriage act.

Shantilal Pandya ( Advocate)     15 February 2012

The  appeal period is  30 days   and not one month or  three months  under the Hindu Marriage  Act .

 one  can  marry   immediately after divorce  decee,  except  directed otherwise  by the  decree itself.

Remarriage is  legal   and  bindibg  even if the  decree is  reversed  in appeal , No offence is  committed by remarriage  after  decree, Consent  decree  can be  challanged  only  on the  ground  of  fraud , that too through a  separate  suit  and  not by  appeal.  


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