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Remarrying after mutual divorce
02-Mar-2023 (In Divorce Law)
We were separated by court after mutual consent under Hindu law a year ago and now I am planning to remarry. While filing the case we both agreed to fake our marriage date as we had not completed 1 year and she was in hurry to separate. While filing everything has signed and I didn't pay any alimony/maintenance (documented) as divorce was her stand. Now if I remarry than are there any chances of she reopening the case on the basis of fake marriage date (with documents). If yes what are the precautions that should be taken care of while remarrying. Also for how long should i wait (not marry) so that no case is filed in future. I do have call recordings where in she is asking for divorce. Kindly help
if you want to remarry then wait for a while unless you get the divorce decree after that you can marry as you said prior you had a mutual divorce as such no precaution are there when you will get the divorce decree then you can marry again.
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Adv. Rahul Rathi
Allahabad | 500+ Answers
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यदि आप दोनों ने सहमति से तलाक ले लिया है और संबंधित न्यायालय से तलाक की डिक्री भी प्राप्त कर ली है और यदि याचिका में आप दोनों ने इस पर लिखित सहमति भी दी हो कि आपकी पत्नी को उसके स्थायी भरण-पोषण हेतु आपसे कोई भी रकम नहीं चाहिए, तो वह आपका कुछ भी नहीं बिगाड़ सकती।
सामान्यतः तलाक की डिक्री प्राप्त होने के 90 दिनों बाद दूसरा विवाह करना उचित रहता है।
सामान्यतः तलाक की डिक्री प्राप्त होने के 90 दिनों बाद दूसरा विवाह करना उचित रहता है।
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Adv. Sumit Agarwal
Jhansi | 200+ Answers
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The limitation for challenging a divorce decree in the High Court is ninety days. But as you have stated that the dates were fabricated and there is a doubt that your ex wife may challenge the said order on the basis of wrong dates provided by you, but then again she was a consenting party to the same as it was a mutual divorce, so legally it would be difficult for her to take the same to court.
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Adv. Nitin Chopra
Allahabad | 200+ Answers
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