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Jishnu Bhardwah (TA)     20 November 2012

Second marriage after the divorce

Dear experts

I very recently got divorced from my wife with mutual agrrement under section 13 B (of course I had to fight the 498 a before that) and proivided the divorce decree.

Just wanted to know when I can remarry after the date of the divorce? Is the law different for different states? I am from Uttar Pradesh.

 

Many thanks

Jishnu.



Learning

 6 Replies

rahul (director)     20 November 2012

You can marry the very next day of divorce decree granted u/s 13B(2) .

1 Like

Ranee....... (NA)     20 November 2012

after 90 days.

1 Like

rahul (director)     20 November 2012

not to wait 90 days,,

90 days,,, in case where contested divorce decree is granted. which is appealble

but mutual divorce u/s 13B(2) is not appealable.

 

1 Like

santhosh.g. (advocate)     20 November 2012

Section 15 of Hindu Mariage Act Divorced Person When Marry again:- When a marriage has been dissolved by a decree of divorce and either there is no right of appeal aganist the decree or , if there is such a right of appeal the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage again

1 Like

Jishnu Bhardwah (TA)     20 November 2012

 

Many thanks for replying...however some says 90 days and some very next day got me confused...other than my ex-wife lawyer said one year!!! Please forgive my ignorance...here is the background of mutually agreed divorce...

 

My ex-wife first filed FIR against me and my family under 498a and 3/4 dowry act....and then in two months after mediations she withdrew the complaints with one time financial agreement including her "Stree Dhan" and jewelries etc...the family court gave us 6 months reconciliation time and sent us back for second mediation and asked us to come back 2 more months later...then finally the divorce application accepted and announced in a Lok Adalat 18 days later.

 

Many thanks again for your patience. 

ANAMIKA VICHARE (LAWYER)     25 November 2012

You cAa marry immdly need to wait for appeal peiod as there is no appoeal for mutual consent divorce

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