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When can a person remarry after mutual divorce?


24-Sep-2023 (In Family Law)
My 2nd motion is on 6th of Oct, when can I remarry at the earliest after my 2nd motion. Court marriage or Arya samaj marriage will b at the earliest?
Answers (2)


LawRato

Answer #1
564 votes
dear client as per your query as you have not discussed in detail I can only suggest that after getting the decree you can marry for further information please contact us with your relevant documents for paid consultation.
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Advocate Rahul Rathi

Adv. Rahul Rathi

LawRato Allahabad | 700+ Answers
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Answer #2
772 votes
Although recent Supreme Court judgements suggest that it is not an offence if you remarry just before the divorce decree is pronounced because technically you are just waiting for the court order to state the obvious BUT going according to the written law, wait till the 3rd motion, full and final divorce decree by the court. In divorce by mutual consent you don't have to wait post the 3rd motion. However in a divorce filed on a different ground and not mutual consent, you must wait for 90 days before remarriage. 90 days is the appeal period (Section 15 of Hindu Marriage Act)
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Advocate Medhavi Mishra

Adv. Medhavi Mishra

LawRatoNoida | 50+ Answers
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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.

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