Remarriage after 90 days of divorce

799 votes

Limitation Period for Appeal: As per the Supreme Court Rules, the limitation period for filing an appeal is 90 days from the date of the High Court order. However, under Section 12 of the Limitation Act, the time taken for obtaining certified copies of the judgment is excluded. If the wife filed the appeal after obtaining the certified copy, and the delay was due to the court's summer vacation, the appeal may still be considered within the limitation period. Validity of Remarriage: If the husband remarried on 1st June 2024 after the 90-day limitation period and before the appeal was registered (on 5th August), the remarriage is presumed valid. The Supreme Court in similar cases has held that remarriage after the completion of the limitation period but before an appeal is filed is not illegal or void. However, if the wife’s appeal is allowed by the Supreme Court and the divorce decree is overturned, the remarriage could face legal complications. But unless the decree is set aside, the remarriage remains valid. It is advisable to proceed cautiously and monitor the appeal’s outcome. Let me know if you need further clarification or assistance with this case. Would you like me to elaborate on specific legal precedents?

Advocate Kiran Ashok Gangurde LawRato