What Is The Waiting Time For Remarraige After Divorce According To Indian Law?
Posted on | October 5, 2009 |
Some one advised me - it is 90 days from the divorce but some other informed 1 year from the divorce, I am really confused. Please tell me if there is any clause for 1 year waiting. I will heartly appreciate if the answer is as per indian rules and law, I am by religion hindu. Thanks to all in advance.
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4 Responses to “What Is The Waiting Time For Remarraige After Divorce According To Indian Law?”
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October 5th, 2009 @ 4:10 pm
I have been advising wait for 90days for the simple reason that after any order for divorce there is a time period of ninety days for moving for appeal against the said order,during the appeal period if the person remarries & in appeal it is found that order for divorce was wrong & the marriage was not dissolved but still exist, in such case not only the second marriage becomes invalid/void in the eye of law, it will also amount to bigamy a criminal offence.
Read section 28 of the Hindu Marriage Act,1954 :
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.
October 5th, 2009 @ 7:52 pm
As per section 15 of Hindu Marriage Act, 1955 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. As per sec.28(4) of the said Act, 1955, the time allowed for preferring appeal is 30 days.
October 5th, 2009 @ 10:05 pm
Hi Andy,
It’s unlikely that anyone here will be able to answer your question as most are not familiar with your religion. You should speak to someone who is and also consider how conservative your family is in it’s traditions.
Best of luck to you!
October 5th, 2009 @ 10:42 pm
Wait for 6 months from the date the idiot Judge passed the order and exactly on the end of 6months +24 hours get married else your wife can still go for an appeal and get a stay on the divorce…..