What is cooling period after winning contested divorse
Vikas
(Querist) 21 December 2017
This query is : Resolved
Couple Got married in year 2007. There is no baby from the marriage and both are salaried.
After 1 year of separation, Both boy and girl went for mutual 1st motion in Gurgaon in year 2012 court but girl backed off from 2nd motion and filed all DV/Maintenance etc cases in Delhi court against the boy and his family just before 2nd motion. Boy was supposed to pay 3L at time of 2nd motion and 3L cheque courier was rejected by the girl as she demanded 25L in women cell.
Boy filed contested divorse in Gurgaon in year 2014 and won the case in Gurgaon Court on basis of cruelty and got the decree in November after the decree. Boy couriered the cheque but it came back. Girl changed the address so the boy has filed an application in court asking court to accept 4.2L cheque on her behalf as the girl's address mentioned in divorse decree in incorrect.
When can the boy remarry? lot of lawyer says that boy needs to wait for 90 days, is it so? if yes, is it 90 days from date of decree or from date of receipt of order copy? Will Chandigarh High court put a stay on divorse decree if she go for an appeal.
Vikas
(Querist) 21 December 2017
Pls reply to my query
J K Agrawal
(Expert) 21 December 2017
90 days from date of Decree is correct answer but to marry on just 91st day means some thing is dark there. It is like stealing an opportunity. Just wait for a few more months and marry again with all joy.
Vikas
(Querist) 21 December 2017
Thanks Mr agarwal
Vikas
(Querist) 22 December 2017
Also pls note that lawyers on this website has different opinions on single query, someone says 30 days is cooling period, someone says 90 days and someone says that don't marry on 91th day n wait for some more months....surprising
