• Remarry soon after divorce

Hello,

I have filed a Mutual divorce with my wife and our next date is 8th April 2015. We both are ready for the divorce . Now after divorce I am planning to remarry again . I want to remarry on 12th April. As I  am staying in USA now on L1-B . I want  to get remarried and then  bring my new wife on L2 Visa . Can i remarry just after 4 days of my divorce ?
now another point here is, the girl i want to remarry is also getting her divorce done . She has also filed a mutual divorce petition and her divorce hearing date is on 6th April and she is also confident of getting the divorce done as they both are ready. 

Now after her divorce and then my divorce and then within 4 days we will get married is that ok?
Asked 2 years ago in Family Law from United States
Religion: Hindu
1. Unless both of you get divorce on the date of remarriage, you can not solemnjse such marriage.
2. Though in mutual divorce there is no specific bar to remarry not earlier than appeal period, it is advisable to wait t till such time i.e. 60 days.
3. It was always prudent to be judicious than to commit undue haste,.
Devajyoti Barman
Advocate, Kolkata
5233 Answers
54 Consultations
4.9 on 5.0
Hi, as far as mutual consent is concerned you can remarry to another girl after getting divorce from the first wife.

2. in law there is no specific  bar within that particular period you can not marry because here divorce is taken place at the consent of the both the parties so question of appeal does not arise.

3. So there is no hard and fast rule that you have to wait for a particular period.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
There is no provision for appeal in Indian Marriage Laws on Divorce by Mutual consent. There is no possibility of Counter petitioners to challenge  that suit. So, you can marry on the next day after getting Decree of  Divorce.But it is better after 90 days appeal period.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. Once you are granted mutual divorce by the court you can remarry even the very next day. 

2. However, it is advisable to wait for 60 days just in case the spouse wreaks a surprise after grant of mutual divorce. Showing tearing hurry to remarry may be counterproductive in case the ex spouse initiates some legal action pursuant to grant of mutual divorce.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) you should not remarry immediately after obtaining divorce by mutual consent . 

2) the reason being their is possibility of your wife filing an appeal against grant of divorce on grounds that her signature was obtained by coercion 

3) wait for period of 60 days from grant of divorce decree for remarriage
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
as per section 15 of Hindu Marriage Act you can remarry
read the section carefully\
15. Divorced persons when may marry again.-

When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again:

1[***]

Comments

Scope and Object

The words, “has been dissolved by decree of divorce” in section 15 mean end of relationship by the intervention of Court and it includes a decree under sections 11, 12 and 13 of the Hindu Marriage Act; Lata Kamat v. Vilas , AIR 1989 SC 1477.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hello,

1) Technically a Divorce by Mutual Consent is absolute and there is nothing that should stop you from entering into another marriage soon after. 

2) No appeal lies in a  divorce by mutual consent and hence no impediments with new marriage. You need to ensure that you and your wife to be are already divorced before you tie knot again.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Since these are two MCDs, both of you can remarry immediately after getting the decree of divorce,

2. In MCD, no appeal will be entertained unless alleged that the signature has been fraudulently or coercively availed or the wife has been impersonated  which is very difficult to prove,

3. In case you can wait for 60 days, the period for appeal will be over and your or husband will not be able to challenge the MCDs in any way.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0

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