• How to much to wait for remarriage after divorce granted by High court

Hello Experts,

How much one need to wait after the divorce has been granted by high court, before one can remarry.
Asked 4 years ago in Family Law
Religion: Hindu

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24 Answers

Wait for period of 3 months then remarry

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

full bench of the Bombay High Court has held that a Hindu can marry 90 days after his/her marriage has been dissolved through a decree, provided no appeal is pending against the decree....

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The time to wait for remarriage after decree of divorce is granted by court is 90 days. This is because one can challenge the decree of divorce by preferring an appeal within 90 days from the date of passing the decree of divorce.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) After Divorce Award is absolutely granted by court for first marriage, than you can remarry.

Absolutely means : After all (appeal) waiting period is Over.

In UK you have wait for approximately 45 days for remarriage still the decree is passed by Court.

The decree absolute is the legal document that ends your marriage.

You need to wait at least 43 days (6 weeks and 1 day) after the date of the decree nisi before you can apply for a decree absolute.

As per Indian Laws

the period of limitation for filing an appeal would be 90 days, as provided under the Hindu Marriage Act, 1955.

A Hindu can marry again after 90 days of the decree dissolving his or her marriage, if no appeal has been made against the decree.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Wait for 90 days before you get remarried.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If the period for appeal is expired and no further appeal is filed, then you may marry again.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. You can remarry after the appeal period of 60 days is over, if there is no appeal pending in the court.

2. It's advisable to wait for such a period to avoid future problems.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

You need to wait for the 30 days after having the decree. Thereafter you can marry again.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

No you should get married only on expiry of 90 days

Get married on Monday

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) If appeal period end on Sunday, than you can get married on next day I.e. On Monday, a day after.

2) Now a days courts are open on alternative Saturday, if it's open than possible he can file on Saturday or Friday before the end of 90 days.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If it will end on sunday, then you need to get married on tuesday, not monday.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

One shall have to wait till the period of filing an appeal against the said decree of divorce is filed before the Appellate Court, being the Supreme court in the instant case, which is 90 days from the date of the order.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. She might file the appeal on Friday or before which you are not supposed to know unless informed by his lawyer and hand deliver the Notice on Saturday or send it through Courier on Sunday.

2. Such marriage before the completion of the limitation period for filing the appeal will be treated as invalid.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Yes but wait some more time as some delay be condone by the courts for specific reasons.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

No, as on Monday the appeal can be preferred you will have to wait till Tuesday to contract remarriage.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Technically, since she cannot file an appeal on Sunday, it is open for you to get married on Saturday or Sunday.

But, I'll advise you to get married in Monday instead.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, if Sunday is on the 90th day , then you can get married on Monday ..after the completion of 90th day you can get married

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Sir 90 days is time. You cannot get married one day before since it falls on Sunday you need to complete full 90 days. If you marry on 89th day again that can become ground for opposite party to harass you by going on appeal. As per appeal is concerned if the day when appeal ends if that day is holiday next working day Wil be considered for limitation.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi

Noted the contents of your post.

Firstly, you clarify / confirm whether the Divorce granted by High Court is contested or exparte and who filed it.

In response to your query:

If you wait for the completion of mandatory period for appeal it is better for you.

In order to have clarity pertaining to counting of period of completion i.e., if the last day falls on Sunday or any other day which is declared as a holiday then the application can be filed immediately on following day.

In your case, it is advisable to wait for completion of the requirements and proceed.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

The above said 90 days is appeal period, such period comes into effect only if High Court stayed the operation of its order till expiry of 90 days/appeal period. If no such words or no such stay was granted by High Court you are at liberty to marry the next day of pronouncement of order by the High Court. Such stay order will be made only on the request of opposite advocate. Please WattsApp last page of the High Court order so that i can suggest you appropriately.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello Experts,

How much one need to wait after the divorce has been granted by high court, before one can remarry.

90 DAYS

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

He may file an appeal on Monday also with an application for condonation of delay. It is advised that the marriage is done after 90 days only.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After the judgment of divorce by the trial court, in a contested decree case, it would be advisable to wait for 90 days for remarriage

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If 90 days appeal period end on Sunday, it is ok to get married on Saturday, a day before?

i.e. Can the ex file the appeal over weekend? If 90 days end on Sunday, does he have to do appeal before friday or can he do appeal over weekends as well?

Computation of 90 days will be from the date or receipt of the decree copy.

The completion of 90 days, if falls on Sunday, then it will be on the next working day.

The appeal can be filed on the next working day and not beyond that, otherwise condone delay petition to be filed along with it.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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