Contested divorce - opposition agreed- cooling period for remarriage

Question

Contested divorce - opposition agreed- cooling period for remarriage

24-Jul-2023 (In Family Law)

Hello Sir/madam,nnI am a male.nIt is a contested divorce but the opposition party agreed to be give divorce bcs of our side court settlement. Meaning the case was not changed to mutual consent - they simply agreed to give divorce of my contested divorce applicationnnIn that case can I do remarriage in the next day of getting the divorce degree???nnFyinI understand there is a cooling period to remarry in case of contested divorce

Answers (3)

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?

Connect with top Family lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Recent Questions

Name correction in marriage certificate

Fake Senior Citizen RDO Maintenance Case in Hyderabad

Mother left her kids saying she is going to die

Inter Religion and different Nationality Marriage

In-Laws not returning the amount I have loaned them.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Dr. S. Diraviam Dinesh LawRato · Accepted Answer · 2023-07-24T08:00:47+05:30

Answer #1

It is not cooling period. You cannot marry the next day after passing of the decree in a contested divorce case. The petitioner has to wait for ninety days from the date on which the decree was made ready which is time limit for filing an appeal. But in your case if the respondent wife has given written consent for decree then there should not be a problem. Still, there may be risks.

Helpful?

Dr. S. Diraviam Dinesh Dr. S. Diraviam Dinesh

Chennai | 1000+ Answers

Chat CONTACT NOW

Advocate Satish Kumar LawRato · Accepted Answer · 2023-07-24T12:33:19+05:30

Answer #2

except for the mutual consent divorce all other contested matters even including exported degrees and the cooling period is 90 days so you must wait for 90 days to get married if it is done within 90 days then it has no legal sanction

Helpful?

Adv. Satish Kumar Adv. Satish Kumar

Chennai | 1000+ Answers

Chat CONTACT NOW

LawRato LawRato · Accepted Answer · 2023-07-24T18:53:55+05:30

Answer #3

Even though it appears like mutual consent divorce, since the divorce case has been recognized as contested divorce under section 13(1)(a), if an appeal is preferred by either of the party to the case, it is maintainable. Therefore you cannot claim it as a right to remarry on the next day of divorce unlike divorce on the grounds of mutual consent.

Helpful?