When can i remarry after getting divorce

746 votes

According to Hindu Marriage Act after the decree of divorce one has to wait for 30 days and if no appeal is prefered by the otherside within this time ,then one can remarry. In your case already a year past but the otherside has not refereed any appeal so u can remarry. There is no bar in the law.

Advocate Soma Das LawRato

504 votes

You can very well get married under special marriage act after 90 days of your date of decree.

For any further queries you can contact for better understanding.

At the present moment its more than year now you can get married.

Advocate Aveek Bose LawRato

521 votes

You can re-marry on the next day after getting Decree of Divorce. But it is better after 90 days appeal period.. If you are granted mutual divorce by the court then you can remarry even the very next day.

Advocate Minansu Bhadra LawRato

529 votes

If you have got the decree of divorce by mutual consent of both the parties then such decree of divorce is absolute and there is no question of appeal arises.

But if the divorce is contested one then any of the aggrieved party may make an appeal against that particular divorce decree, and in this circumstances such party must appeal within the prescribe period of limitation which is 90 days from the date of decree of divorce.

Section 28 of the Hindu Marriage Act 1955(Amendment 2003) is mentioned below for your understanding:

[28. Appeals from decrees and orders.-(1) All decrees made by Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(2) Orders made by the Court in any proceedings under this Act, under Section 25 or Section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on subject of costs only.

(4) Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order. ]

As you have got the decree on 06/10/2015 so the limitation period is over and you can remarry whenever you want unless there is an appeal.

And there are no such formalities which you have to follow.

N.B:- The above given advise is not applicable for Christians, Parsi, Muslims, Jews.

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