Divorece and re-marrige
Yadagiri
(Querist) 02 November 2013
This query is : Resolved
after divorce, how many days need to be lapsed for re-marriage?
prabhakar singh
(Expert) 02 November 2013
Section 15 of the HMA deals your situation
and you may see that as below:
"15. Divorced persons. When may marry again.- 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. "
ajay sethi
(Expert) 02 November 2013
wait for 3 months atleast . aggrived party may file appeal aginst impugned order .
Advocate Bhartesh goyal
(Expert) 02 November 2013
Limitation period for filing appeal against decree of divorce is 90 days so aggrieved party has to wait atleast 90 days.
Rajendra K Goyal
(Expert) 02 November 2013
Agree with the experts, nothing more to add.
V R SHROFF
(Expert) 03 November 2013
"Limitation period for filing appeal against decree of divorce is 90 days so aggrieved party has to wait at least 90 days."
BUT
BE ALERT::
LIMITATION PERIOD IS EXTENDED FOR THE NUMBER OF DAYS CERTIFIED TRUE COPY IS APPLIED FOR APPEAL, AND THEN RECEIVED BY APPELLANT.
IT MAY TAKE 2 MONTHS OR MORE TOO.
Your Wife may intentionally apply TC of Decree, [not urgent/ but Ordinary]
and arrange to get it after 6 months,
She can Appeal after 9 months!!
So must keep check, whether she applied for copy of judgement and decree within 90 days,
If she apply on 88th day, and wait for another 6 months to get it, She is entitled to Appeal after 9 months too..
I ALSO ADD:
in case of 13B MCD DECREES ARE NOT APPEAL ABLE, SO ONE CAN MARRY ON THE SAME DAY, OF PASSING OF ORDER...OK..
manoj joshi
(Expert) 03 November 2013
IM PARTLY AGREED WITH MR.V.R.SHROGG
LIMITATERIOD WILL COUNT FROM DATE OF JUDGEMENT ONLY
Dr J C Vashista
(Expert) 04 November 2013
I fully agree with Mr. V R Shroff but respectfully disagree with Mr. Manoj Joshi ji since there are number of other factors as explained by Shroff ji, which do constitute exemption/extension of limitation.
