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Subha Datta (STudent)     05 July 2016

Remarriage and living together

After getting Null & Void order from court, can someone go for re-marriage immediately or they should wait for 6 months?

Before marriage can two unmarried adult live together or can travel together and spend nights together? Is there any legal problem?



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 11 Replies

Vijay Raj Mahajan (Advocate)     05 July 2016

Decree of nullity like that of divorce can be challenged in the High Court within 90 days period, so best is to wait for 90 days before remarrying.

However if the marriage was null and void on specific ground e.g., previous living spouse or existing valid marriage of the respondent duly proved than even no need for waiting for appeal period.

Living together without marrying is decision of two person for which no one can say anything, no legal hurdle at all.

Vibha   05 July 2016

  1. Remarriage - it is advisable to wait 90 days after annulment decree.
  2. Two unmarried adults can live, travel, sleep together as long it is based on free and mutual consent.
  3. If the consent is based on a promise of marriage in the future, then the parties must have bona fide intention to fulfill such promise.

Subha Datta (STudent)     05 July 2016

Thank you Mr Mahajan and Vibha, for your reply. The Nullity is expartee because of absence of the respondent.

Can any lodge refuse boarding only because of the couple is not married (both are unmarried)? Even after having pre-booking? If it happens can that couple call the police and make complaint against the lodge? Will the police help  the couple ?

 

Vibha   05 July 2016

If a hotel does not want to give you accommodation for some reason, police cannot force them to allow you. That being said, no hotel is going to ask you to show a marriage certificate.

JustAdvisor (IT)     05 July 2016

spend some money. ..book separate rooms. .then who is stopping you?

Subha Datta (STudent)     05 July 2016

Thats the question, why should I spend money? why should I book seperate room ? am I doing any illegal stuff booking a single room?

 

Vibha   05 July 2016

You don't need to play hide and seek.

Where are you planning to visit? Question may be asked in Tirupati, no questions will be asked for sure in Goa.

P. Venu (Advocate)     05 July 2016

You are, I am afraid, not fully honest with facts.

Subha Datta (STudent)     06 July 2016

Mr Venu

Your doubt is unncessarily baseless. I am planning to go for a vacation with my girlfriend. Next year we are going to marry. I live in abroad. When I will go to India we are planning for a tour. I called several lodges( 3 star ) in Digha, All those lodges says if we are unmarried they cannot allow. We are ready to face any legal consequences. But I cannot accept this illegal refusal. so I want to know the exact rules about it...so that if we face any problem we can protest.

P. Venu (Advocate)     06 July 2016

And, according to your profile, you are just a student! 

Subha Datta (STudent)     06 July 2016

Mr Venu,

yes, I am a PhD student. Whats the problem in it? Is the rule different for students in India? 


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