Can i get married after 3 years of my divorce.
lokesh dutt
(Querist) 02 April 2013
This query is : Resolved
My divorce petition was filed in november 2009 in court by my Ex-wife after 4 months of marriage.Judge gave us time for 6 months to think again and re-settle things but that doesn't worked.After 6 months in April 2010 there was the final hearing on that hearing we settled our divorce by mutual understanding and gave some amount through "DEMAND DRAFT" in court it self.That day we got separated finally with mutual understanding.Now i am getting married again after 3 years of my divorce and i found this really difficult because the Ex-party is threatening us kind of Showing an intention to cause bodily harm.What should we do now?
Vishal Gehrana
(Expert) 02 April 2013
As per section 14 of the Hindu Marriage Act, 1955 the divorce petition cannot be filed with the one year of the hindu marriage except in the case of exceptional hardship. I failed to understand how the court entertained the petition of ur wife for divorce. Similarly, the divorce with mutual concent, even after filing a case under section 13, has to be granted in accordance with the requirement of section 13B of the HMA. Leaving it, as far as your present problem is concerned, you should inform the police, by way of complaint, mentioning the kind of threats you getting from the other party, so that afterwards if the other party initiate some kind of legal action, you will have the evidence, in form of the complaint, of your innocence.
As far as your re-marriage is concerned, section 15 of HMA says that when a decree of divorce has been granted and there is no right of appeal against the decree or, if there is such right of appeal, the time for filing the appeal has been expired without an appeal having been presented, or an appeal has been presented but has been dismissed, then either of the parties of divorce degree can marry again.
Raj Kumar Makkad
(Expert) 02 April 2013
Your ex. has no legal right to intervene in your life so you have every right to decide about your re-marriage. You are already late.
lokesh dutt
(Querist) 02 April 2013
I am really thank full to you for helping me out. Really thanks for getting me out from this situation.
prabhakar singh
(Expert) 02 April 2013
You could marry any day after divorce decree
as the same was mutual decree.
ajay sethi
(Expert) 02 April 2013
agree with experts
Devajyoti Barman
(Expert) 02 April 2013
Your ex in laws is doing unlawful things.
Lodge a complaint with police and if you wish you may set a criminal proceeding in motion against them.
