procedure to remarry the same person after getting a divorce decree
17-Jan-2023 (In Divorce Law)
The procedure of remarrying the same person after getting a valid divorce decree from the court can vary depending on whether you are marrying under the Hindu Marriage Act, 1955 or Special Marriage Act,1954 or as per Muslim personal law.
While marrying under the Hindu Marriage Act, 1955 you can marry the same person soon after the date the divorce since there will be no question of challenging such divorce by the opposite party since you are desiring to re-marry the same person.
While marrying under Special Marriage Act, 1954 you must submit the necessary form and affidavits from both parties along with witnesses to the Registrar of Marriage. The Registrar will set a date and issue a notice for 15-20 days. If no objections are raised during this period, the marriage ceremony will take place on the scheduled date.
While marrying under Muslim Personal Law, you will be governed by Nikah Halala, if you are a Muslim woman and wish to remarry your ex-husband according to Muslim law after a divorce decree, you must marry a third person. After consummating the new marriage, the third person should divorce you so that you can remarry your previous partner.
Can divorced couples get back together?
How common is it to remarry the same person?
How many days after divorce can you remarry same person in India?
Can you remarry after divorce to the same person?
Under Hindu Marriage Act, once you have obtained a valid divorce decree under the Hindu Marriage Act, there is no specific waiting period or legal requirement for remarrying the same person. To remarry, both parties should be of marriageable age, they need to consent to such marriage and should not be within prohibited degrees of relationship of each other. The couple can choose to solemnize the marriage through religious rituals or opt for a court marriage under the Special Marriage Act.
In Muslim Personal Law, the process of remarrying the same person after divorce is governed by the practice of Nikah Halala. If a Muslim woman wishes to remarry her ex-husband, she must marry a third person and consummate that marriage. After the consummation, the third person should divorce the woman, which will enable her to remarry her former husband. It's important to note that Nikah Halala is a controversial practice and its legality is a subject of debate.
Under the Special Marriage Act which is the law governing inter-faith marriages in India, both parties need to complete the necessary formalities to remarry each other after obtaining a divorce decree. The couple must submit the prescribed forms, along with affidavits from both parties and witnesses, to the Marriage Registrar. The Registrar will issue a notice of intended marriage, which remains posted for a specified period (usually 30 days) to allow for any objections. If no objections are raised during the notice period, the couple can proceed with the marriage ceremony on a scheduled date.
After getting divorce decree from the competent court if you want to remarry with the same person.
if you want to get marry under special marriage act then you have to apply before the registrar of marriege,with appropriate form and also with affidavits of both the party with witnesses of both the sides.
Registrar will fix a date and will issue notice for 15-20 days. if there will not any objection , on next date marriege will be solemnised.
If you are falling under muslim religion and want to marry as per muslim law then after getting divorce decree you have to marry with a third person , and after consumtion of marriage again, he should divorce, then you can again get marry with the same person.
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