Wait for period of 3 months then remarry
Hello Experts, How much one need to wait after the divorce has been granted by high court, before one can remarry.
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Wait for period of 3 months then remarry
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....
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.
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.
Wait for 90 days before you get remarried.
If the period for appeal is expired and no further appeal is filed, then you may marry again.
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.
You need to wait for the 30 days after having the decree. Thereafter you can marry again.
Thanks.. 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?
No you should get married only on expiry of 90 days
Get married on Monday
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.
If it will end on sunday, then you need to get married on tuesday, not monday.
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.
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.
Yes but wait some more time as some delay be condone by the courts for specific reasons.
No, as on Monday the appeal can be preferred you will have to wait till Tuesday to contract remarriage.
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.
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
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.
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.
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.
How much one need to wait after the divorce has been granted by high court, before one can remarry.
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.
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
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.