Second marriage

No waiting period is required after MCD. pronounced by the judge. you can remarry at arya samaj or any other endowments dept. Group A temples like Yadagirigutta, Srisailam, Vemulawada etc. The concerned temple officers also issuing marriage certificates which are authenticated for passports also.

Hello.

Section 13B of Hindu Marriage Act provides for a cooling period of six months on the first motion being moved, in the event the parties changed their minds during the said period. Accordingly, after the initial motion and the presentation of the petition for mutual divorce, the parties are required to wait for a period of six months before the second motion can be moved, and at that point of time, if the parties have made up their minds that they would be unable to live together, the Court, after making such inquiry as it may consider fit, grant a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. As such there is no waiting period provided under the Hindu Marriage Act 1955 for remarriage after the dissolution of marriage by decree of divorce issued by the competent district court, however there is a period of ninety days for filling appeal in the High Court against the divorce order passed by the district court. In order to be on safer side it is advised not to remarry for ninety from the day of order, least the respondent goes for appeal under section 28 of the Act against the order for divorce and may get such order reversed thus nullifying the decree of divorce. To register under this Act, both the partners need to be Hindus. The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place. The marriage may be performed following any of the marriage rites and customs of both or either one of the parties and it is not necessary to marry in an Arya Samaj mandir. Alternatively, you can apply to the registrar of the place where either spouse stayed for at least six months before marriage. For proof of marriage, submit a certificate from the priest who solemnised the marriage.

All the documents should be attested by a gazette officer. Lastly, you will have to deposit a fee with the cashier and attach the receipt with the form. Once the application has been submitted and the documents verified, the concerned officer will assign a date for registration, when the marriage certificate will be issued.  Under Special Marriage Act, both the parties have to give a 30-day notice to the sub-registrar in whose jurisdiction at least one spouse has resided.

Under Hindu marriage act, you register the marriage after the same has been solemnized, while under Special Marriage Act, the marriage requires only one month prior notice given to the Marriage Officer & after the expiry of this notice period, marriage presence of three witnesses, registration & getting the Valid Marriage certificate. 

–Regards

Adv. Pooja;

www.lawkonect.com

Thank you Mam,

Could you also please help me understand that, i have been told that the MCD has three stages 1. filing 2. verification and councelling 3. Second motion.

in which of the above presence of both parties is mandatory? can a person skip 1 and stratightway come for 2 and 3, if yes, then how is it possible?

Hello.

The procedure for seeking a divorce by mutual consent is initiated by filing a petition, supported by affidavits from both partners, in the district court. Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. Now the second motion is to be filed only after a period of 6 months. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, in their petition for divorce by mutual consent, are custody of child, alimony to wife, return of dowry items or and litigation expenses.

However, if either party withdraws the divorce petition within 18 months of the filing of the First Motion Petition, the court will initiate an enquiry. And if the concerned party continues to refuse consent to the divorce petition, the court will no longer have the right to grant a divorce decree. But if the divorce petition is not withdrawn within the stipulated 18 months, the court will pass a divorce decree on the basis of mutual consent between both parties. For the first motion, it is mandatory that both parties should approach the Court. Law specifically provided six months gap or waiting period between First Motion and Second Motion. Prior to 2009, compliance of six months waiting was not mandatory.

But, in 2009, Supreme Court made it mandatory and took away the power of the Family Court or the District Court to waive of period of six months. But, Supreme Court still has power to waive of the period of six months. Thus, Supreme Court is the only Court which has the power to dissolve the marriage in less than six months.

I hope this information helps.

-Regards

Adv. Pooja

www.lawkonect.com

Why you are in such a hurry for divorce and greater hurry for second marriage.

Everything cant happen ASAP [as soon as possible]

Let the things happen at its pace as per law.