Re marriage after divorce
Querist :
Anonymous
(Querist) 18 March 2011
This query is : Resolved
Our divorce case was pending since 2005. Recently, we converted the case from contested to mutually consented one under 13B. The first motion has been filed recently. i wanted to know the following.
1. Can the court do away with the waiting period of 6 months? We have jointly requested the court to waive the 6 month period. A SC judgement says 6 months waiting period cannot be waived. However, in a recent Bombay high court judgement the court has waived the 6 month waiting period.
2. After the decree from the court, how soon can one remarry? Appeal period is 90 days as per new ammendment in HMA. However, in a mutually agreed divorce there is no waiting period? is that true?
Thanks
Arvind Singh Chauhan
(Expert) 18 March 2011
Mr. Anonymous please attach the judgment of Bombay HC here, or at least citation.
prashant pundhir
(Expert) 18 March 2011
Waiting period is 6 months and it can not be waived . Whatever Bombay High court says, I don't know, but Supreme court recently hold that the time of 6 months must be given and it can not be waived .
The suit is with the consent of both of the parties,so appeal can not be filed and so can marry just after the degree of the session court .
Jitendar Kumar gupta
(Expert) 18 March 2011
you have to wait for 6 months foe the second motion. If you wants more information/ advice please call at 9868529732
Ghanshyam Mishra
(Expert) 18 March 2011
No court except supreme court can wave statutory mandatory period of 6 months for filing second motion . earlier it was done but after justice kabir's judgement(maya devi vs anil kumar) delivered in oct 2009 there is a complete embargo on the same . if any judjement ,as said by you ;though I differ, has come is in-per-qurium and has no binding force . if a decree of divorce by mutual consent has been passed ,the parties are free to marry immediately therafter.
Devajyoti Barman
(Expert) 18 March 2011
Even the Supreme Court has decided that the 6 months time mandatory provision and hence the Supreme Court also now can not interfere in it.
G. ARAVINTHAN
(Expert) 19 March 2011
Since mutual consented divorce is a compromised one, no appeal lies. So after getting certified copy of the said order, the parties can make arrangement for re-marriage
G. ARAVINTHAN
(Expert) 19 March 2011
even 6 months period can be waived by filing an application for waiver stating that you were separate for more than that period
Querist :
Anonymous
(Querist) 19 March 2011
Arvind 'ji,
It is AIR 2011 Bombay 34
writ petition no. 1381 / 2010
Querist :
Anonymous
(Querist) 19 March 2011
Sir.
Im attaching the Bombay high court judgement.
Para 10 , 11, 12
Querist :
Anonymous
(Querist) 21 April 2011
Many Thanks to all of you.
The honorable court granted us divorce recently after we submitted a copy of the bombay high court judgement.
Querist :
Anonymous
(Querist) 21 April 2011
once again thanks for all the advice..
and the response that I have received from all of you
Sarvesh Kumar Sharma Advocate
(Expert) 21 April 2011
"
Expert : Devajyoti Barman
Posted On
18 March 2011
Even the Supreme Court has decided that the 6 months time mandatory provision and hence the Supreme Court also now can not interfere in it."
FULL AGREE-
Dineshwar Singh Kaushik
(Expert) 18 March 2011
