Duration to wait for remarriage after Ex-parte divorce

An exparte-decree can either be appealed against by the opposite party under Section 28 of the Hindu Marriage Act, 1955 within 90 days from the date of such decree or under Order 9 Rule 13 of the Code of Criminal Procedure, 1908 r/w Article 123 of the Limitation Act, 1963, it could be set aside by the court upon an application filed (within 30 days from the date of such decree) by the opposite party. Only after the disposal/ dismissal of either the appeal or an application as the case may be, can a person remarry.

Section 15 of the Hindu Marriage Act, 1955, provides for the conditions under which a divorced person may remarry. According to this section, when a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or the time for appealing has expired (90 days from the date of the decree)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 to marry again.

It is important to note that the court has the discretion to allow or disallow the petition to set aside an ex-parte decree based on the facts and circumstances of each case. The party seeking to set aside the decree must provide valid and convincing reasons for not appearing before the court during the hearing. Additionally, if the court finds that the party had sufficient notice of the hearing and did not appear without any valid reason, it may not set aside the decree.

Therefore, once the divorce decree becomes final, either party to the marriage can legally remarry. It is important to note that the divorce decree must be obtained through legal proceedings, and there may be certain legal formalities and waiting periods that must be completed before the divorce becomes final. Additionally, if there are any disputes or complications arising from the divorce proceedings, such as custody of children or division of property, these issues should be resolved before considering remarriage.

So, it is ideal to wait for 90 days from the date of passing of the ex-parte decree before one remarries since such divorce can be called into question by the opposite party within such time either by way of an appeal of an application to set it aside.