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Divorce happened, can i marry again
29-Sep-2023 (In Divorce Law)
Sir/Madam, After lot of false allegations and DV act/498A harassment, I went for divorce and after 8+ years fight marriage was dissolved after proving all allegations to be false. Can I marry now ? And, also, wife has gone for appeal against divorce judgement. Can that be stopping factor for my second marriage ?
No , you can't go for second marriage without appeal is been pronounced and decree is been passed in appeal. Also you have to wait for second appeal period that is 30 days from date of order of appeal. If no second appeal is prefer if order goes in your side then you can go for second marriage.
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Adv. Vishwajit Yeshwant Pawar
Ratnagiri | 25+ Answers
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as per section 15 of Hindu Marriage Act you can remarry
read the section carefully
15. Divorced persons when may marry again.-
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against 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 to marry again:
The words, “has been dissolved by decree of divorce” in section 15 mean end of relationship by the intervention of Court and it includes a decree under sections 11, 12 and 13 of the Hindu Marriage Act; Lata Kamat v. Vilas , AIR 1989 SC 1477.
read the section carefully
15. Divorced persons when may marry again.-
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against 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 to marry again:
The words, “has been dissolved by decree of divorce” in section 15 mean end of relationship by the intervention of Court and it includes a decree under sections 11, 12 and 13 of the Hindu Marriage Act; Lata Kamat v. Vilas , AIR 1989 SC 1477.
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Adv. Surendra Sonawane
Nashik | 25+ Answers
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Whether you got notice of appeal, whether the judgment of trial court has stayed by appeallate court.whether you appeared in that appeal.. share all the facts asked by me..
Elsewhere I will advise you properly
Elsewhere I will advise you properly
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Adv. Amit V Neware
Nagpur | 25+ Answers
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