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What is the terms and conditions of remarriage after getting divorce
20-Sep-2023 (In Divorce Law)
I am a HINDU. I have received divorce on contest from the BARASAT district court. The ex-wife has filed an appeal to Calcutta High Court. Can she get a stay order on the divorce order of Barasat court? The divorce order was signed by the Judge on 31 July. Can I re-marry on 31 October - after 91 days? If i receive a summon from the High Court - can I still re-marry?
It is better to wait for the appeal period for 90 days since the divorce has been obtained by a decree and not upon mutual consent. The words, “has been dissolved by decree of divorce” in section 15 mean end of relationship by the intervention of Court and it includes a decree under sections 11, 12 and 13 of the Hindu Marriage Act as was evolved in Lata Kamat v. Vilas.
As per Section 15. Divorced persons when may marry again.-
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
Also in Mr. Anurag Mittal vs. Mrs. Shaily Mishra Mittal the Supreme Court held that second marriage is valid even if plea against divorce is pending and in your case you have already obtained the decree for divorce!! But better to wait for 90 days.
As per Section 15. Divorced persons when may marry again.-
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
Also in Mr. Anurag Mittal vs. Mrs. Shaily Mishra Mittal the Supreme Court held that second marriage is valid even if plea against divorce is pending and in your case you have already obtained the decree for divorce!! But better to wait for 90 days.
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