LawRato

how many days after divorce can you remarry in india


29-May-2024 (In Divorce Law)
Sir, I filed divorce petition in family court and it was allowed by decree. I want to know after divorce when can i remarry in india , I can marry again through court marriage by registration? Is it 30 or 90 days? Thank you.
Answers (5)

Answer #1
459 votes

In India, a person can remarry after divorce, but usually must wait for 90 days from the date the divorce decree is granted by the court. This waiting period allows time for either party to file an appeal if they are not satisfied with the court's decision.

  • For contested or ex-parte divorces: There is a mandatory 90-day appeal period. Remarriage is allowed only after this period, provided no appeal has been filed.

  • For mutual consent divorces: Since both parties agree and usually do not appeal, remarriage can happen immediately after the court grants the final divorce decree.

However, if an appeal is filed within 90 days, remarriage must wait until the appeal is resolved.

Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
Chat with Advocate Chikirsha Mohanty Chat 
Answer #2
733 votes
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.
Helpful? LawRato LawRato
Answer #3
806 votes
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.
Helpful? LawRato LawRato
Advocate Sanjeevi Krishna Rao

Adv. Sanjeevi Krishna Rao

LawRato Visakhapatnam | 200+ Answers
Chat with Advocate Sanjeevi Krishna Rao Chat 
Answer #4
908 votes
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.
Helpful? LawRato LawRato
Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 5+ Answers
Chat with Advocate B. Srikiran Chat 
Answer #5
508 votes
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
Helpful? LawRato LawRato
Advocate Pathikonda Murali

Adv. Pathikonda Murali

LawRatoChittoor | 100+ Answers
Chat with Advocate Pathikonda Murali Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato