buddha (pm) 18 July 2012

Divorse judgement

One of my friend filed divorce on the ground of cruelity because his wife make him suffered lot by beating his old aged parents and forced him to right the property on her name with the help her powerful parents etc., after filing the divorce she filed RCR(already she filed 498a and dvc against him and his old aged parents of age 80 and 85, when he approached Human rights commission for the atrocities made by her parents)and she is not attending the court and recently court dismissed and RCR and gave divorce to him because she is not attending the cases regularly many times, so after getting the divorce can he marry or he has to wait for any more days. In the Divorce decree there is no time limitation for the order so in this situation can marry another girl or he has to wait for some more time?

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7 Replies

Rajeev Kumar (Lawyer/Advocate) 19 July 2012

Dear querist, your friend has to wait three month after getting divorce decree as the three month is the appealetate time during this period the other party can file appeal against the decree if the appeal is filed then your friend can't remarry till the disposal of appeal and if the appeal is not filed within three months then after elasping of three month your friend can remarry without any legal impediment and the marriage will be valid in the eye of law.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 July 2012

Indian Women Can Claim in Marital Property in Divorce:

Women could stake claim to marital property even if the property in their name. the government has proposed amendments to marriage loss under the Hindu Marriage Act 1955. After this the courts can decide on how property acquired during the marriage.

The Marriage Laws (amended)bill seeks to amend the Hindu Marriage Act 1955 and Special Marriage Act 1954.

Now the Ld. Judges can decide how property acquired after marriage is to be disposed of. the court can also decide amount either husband or wife would pay to get right over the property.

In this amendment adopted children will have same rights as normal children.

Ranee....... (NA) 19 July 2012

Ramachary, is this true right now?

buddha (pm) 19 July 2012

Dear sir thanks for your response. My friend contacted 4 advocates in that 3 advocates told that we need not to wait any time after getting the decree, in that decree if the judge mentioned any time limitation then he has to wait until that ime otherwise he neednot wait for anytime, means the order on which date it came from that date onwards he is eligible for remarriage and if other party go for appeal before his marriage then he has to wait for the judgement to come. Please advice on this

Rajeev Kumar (Lawyer/Advocate) 19 July 2012

@Ramachary the proposed amendment is till now a bill pending under parliament when the bill will be passed by parliament with 2/3 majority then it will become law. So update your knowledge