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Raj Nikhil Kumar (Prop)     03 October 2010

Re-marriage after Decree of Divorce

If wife gets divorce from Indian Court in a contested divorce case. Can the ex-husband remarry without waiting for 90 days period if he is not filing appeal against the decree of divorce? Or is it mandatory to legally marry only after 90 days? Please clarify this legal point. Common sense says that ex-husband should be able to remarry without breaking any law if he is not appealing against divorce decree. What is the learned forum legal experts ? Thanks



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 5 Replies

Unbiased Advice (Advocate)     03 October 2010

Let me tell you the truth once a Divorce petition is filed and got numbered , you can go for remarry , and any case of bigamy while the case of Divorce is under progress can be dealt Legally very strongly and blame the Court for delay in Justice for such act.

 

In your case you need not have to worry about any thing just remarry again without any hesitations please.

 

All the Best!

dk (advocate)     03 October 2010

after getting divorce decree from district court, you have to wait for 90 days for re marriage is essential. In my opinion if your wife files an appeal against said decree,  high court will issue a notice to you at the stage of admission. secondary you can see at the site of high court that any case filed against you by your ex. wife?  after confirming you should do re marriage.

Raj Nikhil Kumar (Prop)     03 October 2010

Dear Sir,  I agree with ur views entirely. But if I want to marry as per Hindu ceremonies and later want to register my marriage... Will I be able to register the marriage? or will I have to face the law as I may be held to default in waiting for 90 days? Will this apply even when no appeal is filed either by me or ex-wife? Will registration of marriage still not be possible as I may fail to wait for 90 days? To satisfy the registration of marriage will I have to re-marry (twice) at a later date  again and make fresh application for registration? I learn that I may have to give an affidavit stating the legal status of being divorced along with certified copy of divorce decree at the time of registration. Will the marriage registrar accept the application if made within 90 days of decree? Please clarify... this is a very peculiar situation indeed. :-)

Thanks

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 October 2010

Law will not allow you to live since your earlier partner will be around , you have to find other ways if you have a  willing partner.


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