Got divorced after how many days can apply to remarry
02-Jan-2023 (In Divorce Law)
Sir, I filed divorce petition in family court and it was allowed by decree. I want to know after how many days , I can marry again through court marriage by registration? Is it 30 or 90 days? Thank you.
Assuming that you are a Hindu and hence governed by Hindu Marriage Act, 1955, a conjoint reading of Section 15 and Section 28 of the Act reveals that a person whose marriage has been dissolved by a divorce decree may remarry -
1. In case of divorce by mutual consent - The parties can remarry immediately after the dissolution of their marriage by mutual consent since there is no right of appeal against such kind of divorce except when the decree is obtained by coercion or fraud.
2. In case of a divorce by contest - The parties can remarry if the time limit for filing an appeal has expired (90 days from the date of the decree) without an appeal being prefered, or if an appeal was prefered but it got subsequently dismissed, then after such dismissal.
1. In case of divorce by mutual consent - The parties can remarry immediately after the dissolution of their marriage by mutual consent since there is no right of appeal against such kind of divorce except when the decree is obtained by coercion or fraud.
2. In case of a divorce by contest - The parties can remarry if the time limit for filing an appeal has expired (90 days from the date of the decree) without an appeal being prefered, or if an appeal was prefered but it got subsequently dismissed, then after such dismissal.
It seems to be you applied for mutual divorce. If it is mutual divorce decree you can marry very next day. If it it is contested divorce then it is better to wait 90 days to cross appeal period. You can marry in Sub Registrar office/Marriage Registration Office.
sir please you have not stated that which court divorce granted , after decree you have to wait appeal time is now one month after that you have to re-marry . kindly verify once your decree , is there any mention time or not or any condition
Dear,
After obtaining divorce decree from the family court, you will have to wait till the completion of the appeal period of 90 days after which you can marry again before the concerned marriage sub-registrar.
After obtaining divorce decree from the family court, you will have to wait till the completion of the appeal period of 90 days after which you can marry again before the concerned marriage sub-registrar.
In India, the waiting period for remarriage after divorce depends on the type of divorce proceedings:
- Mutual Divorce: If you have obtained a mutual divorce decree, where both spouses agree to divorce, you can remarry almost immediately after the divorce is finalized. There is no mandatory waiting period for remarriage after a mutual divorce.
- Contested Divorce: In cases of contested divorce, the waiting period can be longer. It typically takes 8-12 months or more for a contested divorce to be finalized. After the divorce decree is passed, there is a 90-day appeal period during which either party can appeal the decision. Once this appeal period is over, you are free to remarry.
- General Waiting Period: In general, there is no mandatory waiting period for remarriage after divorce in India, except for the appeal period mentioned above for contested divorces. However, it is essential to ensure that the divorce decree is final and there are no legal impediments before considering remarriage.
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Ridhi shah
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