Tracy (CE) 09 June 2011

Remarriage after divorce

Hi sir

My friend got married to her BF after his divorce (in 2009). They married after 2 months of the divorce. Meanwhile, his ex-wife filed a stay in HC as she wants the maintenance. In HC, they both cme to the mutual settlement and the man (BF) agreed to pay maintenance to his ex-wife. The HC then disposed off the case in 2010 and wife is agreed on the decree given by the lower court in 2009. Please tell, if the marriage of my friend and her BF is legal or it should be considered as void.

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10 Replies

Advocate M.Bhadra 09 June 2011

The provision of law for re-marriage of a person is one year after the Decree of Divorce,and after divorce the husband have to pay the Maintenance Allowance till the re-marry of wife or she got employment.

(Guest)

@tracy

Yes its legal, maintenance does not have to do with divorce.

Your BF got legally divorced then dont worry.He has to give maintenance to ex-wife.

(Guest)

@tracy

Yes its legal, maintenance does not have to do with divorce.

Your BF got legally divorced then dont worry.He has to give maintenance to ex-wife.

1 Like

Tracy (CE) 09 June 2011

I have few doubts:

they got married before the waiting period of 3 months after the divorce.
the ex-wife filed a petition in HC and got a stay on the order of lower court (the lower court granted the divorce)
my friend and her BF married in between the period of getting a stay by his ex-wife. For eg- she filed for stay on 4 aug and they got married on 14 aug. They both were unaware that she is going for a stay in HC hence, they married.
Now, the BF is legally divorced by mutual consent and ex-wife is agreed onto the order of lower court which comes 2 months before the second marriage. Is the second marriage is valid or considered void.

Tracy (CE) 10 June 2011

they have done a arya samaj wedding.

Please response, is the second marriage legal?

Tracy (CE) 11 June 2011

someone please reply ...

Anjali (IT) 14 June 2011

1. this re-marriage is valid and legal.

2. The re-marriage was temporarliy void til the outcome of the appeal...since in the high court the divorce decree is confirmed , the remarriage stands valid....

1 Like

Tajobsindia (Senior Partner ) 14 June 2011

Originally posted by :Minansu Bhadra
"	The provision of law for re-marriage of a person is one year after the Decree of Divorce and after divorce the husband have to pay the Maintenance Allowance till the re-marry of wife or she got employment.	"

@ Minansu Bhadra

1. Where did you practice such self authored provisions of Law!

2. Donot misguide queries with self made provisions of Law.

In case you need reminding then Appeal period of decree in divorce proceedings is 90 Days and in the absence of no-appeal and or knowledge of the same either spouse can get re-married.

If decree sheet does not have any provisions made / directions given to husband for per month maint. and or one time alimony to ex wife then husband is not required to pay for ex wife upkeep till eternity that also under civil maint. Laws.

@ Anjali's reply is quite correct and to the point.

2 Like

priyanka (student) 28 October 2012

i got married under special marriage act on 2008(but we both are hindu)... then got divorced mutualy on july 19th 2012...and also got my final decree papers...is there any waiting period for me to remarriage????am from west bengal