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re marriage after divorce through mediation - Hindu
22-Aug-2023 (In Divorce Law)
My divorce has been signed in the court on 16/08/2016. I am yet to receive the decree. Divorce was through mediation. Custody of child with me ( mother) and visitation rights has been given to father once in a month. I have claimed no maintenance , education expenses 50 % father is bearing. Is there any time limit for re marriage .if so how should one wait.
you can re-marry immediately without any hesitation because you are already divorcee. getting a Decree is only a formality. As per law your case is disposed. And either of the party cannot go for an appeal.
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Adv. Jagadish N
Bangalore | 400+ Answers
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Hi.
If your divorce with mutual consent, then technically your spouse cannot appeal. Hence, you can remarry on obtaining the decree unless it mentions anything to the contrary. However, even in a case of divorce with mutual consent, it is better to wait for 60 days as the period of appeal would then expire.
If the divorce was not with mutual consent, then the period of appeal is 90 days, in which case you have to wait until such time.
In both cases, I would recommend that you wait for a little over 90 days as it is better to be safe than remarry in haste.
If your divorce with mutual consent, then technically your spouse cannot appeal. Hence, you can remarry on obtaining the decree unless it mentions anything to the contrary. However, even in a case of divorce with mutual consent, it is better to wait for 60 days as the period of appeal would then expire.
If the divorce was not with mutual consent, then the period of appeal is 90 days, in which case you have to wait until such time.
In both cases, I would recommend that you wait for a little over 90 days as it is better to be safe than remarry in haste.
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Adv. Prerana R Saraf
Mumbai | 25+ Answers
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You after receiving the decree you can marry, as per section 15 if there is no right to appeal you can marry hence as the order is passed with consent then there is no right to appeal, hence get the certified copy ,verify it and then get married. Good day.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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If it is a divorce on mutual consent you may re-marry immediately as I understand that is the case in this scenario. No appeal lies in a divorce by mutual consent and hence no impediments with the new marriage. However, please check the status of your would be spouse, the same should be the status in case if he is a divorcee as well.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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Once decree obtained nothing to worry any time marriage can take place ,do their is no time limit after decree on mutual basis ,had it be in contest then things would have changed...also if you have given maintainance claim then you can never claim again though lots of technicality involves here...
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