Sub-registrar says marriage after divorce is after one year

A warring Hindu couple now has 90 days, not 30, to file an appeal against a divorce decree granted by a family court.The two different laws here were the Hindu Marriage Act (HMA) of 1955, which provided for 90 days to file an appeal, as amended in 2003, and the Family Courts Act of 1984 that provides only 30 days. so Registrar of marriages wait 90 days as appeal period and allow if appeal was not there. 

Dear Sir,

Thank you very much for your reply.

Now 90 days wait is over but still sub-registrar office is not accepting to register my marriage.

They are saying we follow Hindu Marriage Act and as per that, we do not register marriage with one year of divorce.

I informed the same that lawyers are telling that I can marry after 3 months or 6 months, still sub-registrar is not accepting.

 

Please advice how to convince sub-registrar.

Can I apply to court to provide me some document saying that I can remaary from particualar date or something.

Once again Thank you very much Sir for your prompt reply 

Dear Madam, You tell him to produce the document which shows that you cannot marry again within one year from Divorce, rather than he asks you to produce the document which will show that you cannot marry within one year from divorce.

Originally posted by : Venkat
	Dear all, I was divorced on mutual consent and got divorce decree in march 2017. I want to marry again by register marriage but the sub-registrar did not accept saying as per hindu marriage act , re-marriage cannot be registered with one year after divorce and denied re-marriage. When I contact some lawyers they said I can remarry after 3 months , some told after 6 months. But still sub-registrar says we dont accept re-marriage registration within one year of divorce. He says if I get some document from court that I can marry within one year , then sub-registrar says he will accept.   Please advice what is the truth.  How can I register marriage again before one year. Thank you so much all in advance

Why do you want to hurry?

Dont go for register marriage, in case marriage does not work, you will cannot un-register the marriage, again same process, file divorce, pay money to wife, take mutual divorce or simply dance your way to court and home for next 2 decades.

See if marriage is essential, it is already proved once that you are not someone who can adjust with anyone, especially wife.  Why you want to risk again?

SUB REGISTRAR IS IDIOT.  Ninty days after passing the decree and there is no appeal pending (in your case it is mutual consent one), you are entitled to remarry and obtain marriage certificate under Hindu Marriage Act and/or special marriage Act.  You cannot get any court order that what that idiot wants.  What you should do is to file a writ case in High Court against the Sub Registrar for not registering your marriage.  Also, if your advocate is acumen enough,he would approach the Chief Secretary to take disciplinary action against this erring idiot sub registrar for his unruly behaviour.  If the facts said by you are absolutely true, you will definitely get relief from HC.

warm regards.

Dear Moxit ,

Thank you for your reply.

As you know it is very difficult to handle goverment officers.

He threw my marriage registration application and shouted at me saying please dont waste my time and come after one year.

Dear Usha madam,

Thank you for your suggestion.

After divorce I decided to keep my 4 years old son with me and I am unable to take care of him by working abroad.

Hence I need to marry again to stay with my son.

Dear Samarpan Sir,

THank you so much for your suggestion.

Now I got confidence that I can try again with the help of my lawyer.

My Lawyer said I can marry after 180 days of divorce. 

Would someone please let me know more details about the section or some pointer in the Hindu Marriage Act mentioning about 90 days.