Hi, from what date of divorce granted by high court, re-marriage is possible? I know, it is 90 days, but the confusion is as follows: 1. Has the supreme court extended the 90 days timeline, due to pandemic 2. Is the 90 days applicable from the date, judgement was given OR from the date the judgement copy was uploaded in the website OR is it from the date, where certified copy was received? 3. Assuming, the man won the appeal wants to get re-married, is the date of 90 days applicable from the date, the certified copy was received by the woman? 4. What are the legal repercussions generally in the re-marriage registration scenario? Would be great to get some clarity on the above. Thanks, Karthick
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Date on which the divorce was granted is the relevant date and 90 days are calculated from that date. Pandemic cannot have an effect on that date.
In a remarriage a divorcee may register the marriage after performing necessary rituals. There is no problem in that.
90 days would be date from when certified copy is received
2) when you file an appeal certified copy has to be enclosed to appeal memo
3)
remarriage during pendency of appeal cannot be termed void.
“It is clear that having provided no consequences of a marriage performed in contravention of Section 15 of the Act, it cannot be said that such marriage would be void,
1. To my knowledge, the SC has not extended the deadline due to the prevailing pandemic situation.
2. The 90-day period is to be reckoned from the date of order.
3. It is not relevant.
4. Along with all the necessary documents, a certified copy of the court order needs to be submitted for the purpose of marriage registration. There is no other legal requirement.
1. The 90 days' appeal period remains and the Supreme Court has not extended the time due to pandemic.
2. The appeal period starts from the date of judgement.
3. Whether it's for the man or the woman, the appeal period starts from the date of judgement.
4. At the time of remarriage registration, the marital status has to be mentioned as Divorcee and copy of Divorce decree has to be enclosed.
Dear sir,
1. in general cases, one can remarry after 90 days of passing of judgment but due to pandemic, the supreme court has extended the period of limitation for filing appeals by litigants until further orders.
2. The 90 days is applicable from the date of passing of judgement
3. No requirement of certified copy as the women would be aware of the judgement pronounced
4. after the 90 days of decree of divorce, you can present marriage resignation by submitted affidavits and decree of divorce along with requisite id proofs. After that you can remarry and register the same.
Thank you
1. It is not the date foe remarrying. It is It is limitation period for filing appeal challenging the divorce decree passed by the lower court. The limitation period has not been extended but the pandemic period has been excluded while counting 90 days from the date of passing the decree of divorce.
2. The date of the Judgement signed by the Judge.is considered while calculating the limitation period.
3. If the woman does not apply for the certified copy then how the limitation will be calculated? In these cases the limitation period is calculated from the date of signing/uploading the order.
4. After the limitation period is over, you can remarry legally.
1. All the limitation dates for filing a suit /appeal has been extended for the period of lockdown , hence this 90 days limitation may not include the days of lockdown.
- On 27 April 2021, due to Covid-19: SC has extended the period of limitation for filing appeal.
2. From the date of certified copy
3. Yes, because she may file the appeal against the divo5rce decree .
4. Generally 90 days from the date of passing the decree of divorce.
The Supreme Court in Savitri Pandey v. Prem Chandra Pandey, (2002) 2 SCC 73 had held that: “In a vast country like ours, the powers under the Act are generally exercisable by the District Court and the first appeal has to be filed in the High Court.
The distance, the geographical conditions, the financial position of the parties and the time period of 30 days prescribed for filing the appeal are insufficient and inadequate. In the absence of an appeal, the other party can solemnise the marriage and attempt to frustrate the appeal right of the other side.
A minimum period of 90 days may be prescribed for filing the appeal against any judgment and decree under the Act and any marriage solemnised during the aforesaid period be deemed to be void.”
As an appeal has to be preferred within 90 days, if there is no appeal filed within that period, the person in whose favor the judgment was made in the trial court can go for remarriage, the pandemic extension of limitation has nothing to with this remarriage.
The 90 days period will be computed after deducting the time taken for obtaining the certified copy of the judgment.
1. You can remarry after 90 days from the passing of decree if the judgment and decree are not stayed by the Supreme Court.
2. Limitation would begin from the date on which the decree was passed excluding the time spent on availing the certified copy.
