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Legal right to remarry as husband does not attend divorce hearings


01-Feb-2023 (In Divorce Law)
Me and my ex were living separated for last 2 years, I have applied for divorce on 27th October 2017 and past 2 hearings (4 months) but my ex refuses to attend the court hearings; next hearing is on 31st march 2018. I read here that if ex refuses to attend court for 90 days then the for party can get remarry; so can I marry another person without any legal issues? if not when can i do so?
Answers (2)

Answer #1
866 votes
On a combined reading of S.15 and 28 of the hindu marriage, till the time of appealing has expired, the persons cannot remarry. Therefore, till the expiry of the appeal period, the parties has to wait.
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Advocate Rajaganapathy

Adv. Rajaganapathy

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Answer #2
660 votes
You have to attend the next hearing. Probably you your Ex-hubby has been set ex-parte. Next hearing you need to attend and file proof affidavit. Order will be passed. After passing order 30 days time is there for him/Respondent to set aside the order. You can do remarriage only after the order not before that.
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Advocate Santhana Lakshmi

Adv. Santhana Lakshmi

LawRatoChennai | 50+ Answers
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