LawRato

Remarriage after3 month of getting the divirce decree


03-Feb-2026 (In Divorce Law)
Hi, My brother got divored two years back from high court on the basis of cruelty. He got remarried after 3 months of his divorce decree and now has a one year child too. When his X wife got to know about his marriage , she filled SLP in SC against the divorce decree passed by high court . Hearing in SC is pending . What legal remedy can be used by my brother to protect his new marriage and small kid? Is it possible SC can reverse the divorce decree ar this stage after remarriage of
Answers (5)

Answer #1
829 votes
Need to know when his wife filed SLP and when the divorce decree was passed. The court will not pass any adverse order as the limitation and other provisions need to be seen in your case . Have to get the details Please share those and get better advice
Helpful? LawRato LawRato
Answer #2
953 votes
After a divorce decree, remarriage is allowed only after 90 days (the appeal period). Reason: The other party has 90 days to file an appeal.
Helpful? LawRato LawRato
Answer #3
780 votes
After a final HC divorce decree, remarriage after limitation is lawful. SC generally won’t unsettle a concluded divorce post-remarriage. He should seek dismissal/stay of SLP citing equity, delay, and protection of new marriage and child.
Helpful? LawRato LawRato
Answer #4
886 votes
your brother married after apeal period so your brother's marriage and his child is not endangered legally but in law it is Android to appeal after delay also so his x wife firstly control the delay and afterward the Apple will started so your brother marriage is not endangered and mostly in supreme court also high courts judgment continue it's heavy possibility
Helpful? LawRato LawRato
Answer #5
692 votes
Remarriage after the limitation period for appeal makes it valid. Under Hindu Law, subsequent marriage and a child are protected if the decree was final then. The SC rarely reverses such settled status.
Helpful? LawRato LawRato

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?

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."