Divorce decree has attained finality as no appeal has been filed against said order

2)best option is to remarry and register the marriage under provisions of Hindu marriage act

3) remarriage would be valid

1. Decree of dovorce one grnted cna not be canclled even if both parties give c0nsent.

2.however there is no legal impediment to for them reunite which they can by way of remarriage.

3. So they can register for marriage under Special marriage Act.There is no concept for cancellation for divorce.

1. Decree of divorce means their marriage has been cancelled.

2. Decree of divorce is a court order which can not be canceled by the same Court.

3. If it is a contested divorce, then one party can appeal before the appellate court praying for cancellation of the said decree of divorce.

4. If it is mutual consent divorce, no appeal by any of the parties will be entertained by the Court.

5. The only option left before them is to marry again with each other by following the rules.

Hi

Since the divorce decree is already awarded, you cannot cancel the divorce decree.

However the parties are free to remarry , provided the marriage is solemnized according to Hindu marriage act and that the marriage is registered under Hindu marriage act.

The parties will be legal husband and wife subsequent to registration under Hindu Marriage Act.

In case appeal is pending in HC consent terms can be filed in HC where in divorce decree passed by trial court can be set aside

They can get married again in temple.. After remarriage she can withdraw her appeal ..

It will be better to approach to high court that we both are ready to live with each other and based on that the appeal can allowed by the high court and cancelled the divorce granted by trial court.

The high curt can not set aside the decree ony because both parties agreed. if the high court find fault with the decree then only it can be set aside.

Anyway there is no harm in agitating this issue in court. Only the supreme court can set aside decree on this ground.

1. If the repeal application is still pending then the matter is sub-judice now.

2. If the higher court repeals the divorce decree passed by the lower court then they will stay married as per law.

3. They can do either of the following:

a) wife can withdraw her appeal against the divorce decree passed by the lower Court and then both of them get married afresh or,

b) let the husband not appear before the appeal court and get the lower court order repealed/set aside ex-parte and in that case both of them stay as married.

There is no restriction for remarrying same spouse under hindu law . do get marriage registered again .Not press or withdraw the appeal first.Then get the marriage registered. The decree, remarriage and registration of marriage will be absolutely valid notwithstanding any change in the law.

1. She got divorced 18 months back, but now wants to be back with the ex-spouse. So let him remarry his ex-spouse.

2. Since the wife has appealed the decree of divorce she can withdraw it to facilitate the marriage.

3. Pendency of appeal in the High Court does not preclude them from remarrying, but better withdraw it and then remarry.

You can appear in the high court and both of you can submit this before the HC. This way HC will allow the appeal on ground of mutual settlement and toubtwo can then re- unite.

Regards

1. There is no problem in the divorced couple rejoining and continuing their relationship either by re-marriage or by live-in relationship.

There is not provision to cancel the divorce decree already granted, through there is a provision for preferring an appeal against the divorce decree.

2. They can very well register their marriage once again but this shall be deemed as their second marriage for both.

There is no provision for cancellation of divorce.

It is a contested divorce obtained in district court & wife has reappealed the judgement in high court, which is under process.

Now they both compromised & willing to reunite by remarriage in temple & registering the same. Will this hold good legally when reappeal is in process in the high court?

In my opinion, she can withdraw the appeal and then get married to him again by a temple marriage ceremony and get it registered once again before the marriage registrar within the jurisdiciton.