• Time after remarrying

Right now, 
I am in the process of getting an anulled marriage, because my "wife" married me, while she did not have a decree of divorce. Decree was granted in 2022, while the unlawful marriage with me was in 2021.

A marriage certificate in 2021 was issued, even tough I there was no decree.

My current lawyer told me, that according to a new law bill, remarrying after getting a decree of annulment or etc. is only possible after 12 months. 

Is that true?
Asked 15 days ago in Family Law
Religion: Hindu

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12 Answers

There is no such law passed 

 

2) you should get decree that marriage is nullity as wife married you during subsistence of earlier marriage 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

No, as per Law there is still 90 days lock in period to get remarried. However, in your case your spouse first marriage divorce case was pending or on going case is pending in the court, than remarriage is valid. I have citation case for it.

 

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

Your marriage with your spouse, who was married and her spouse living at the time of marrying you is void marriage.

If you came to know about the fact recently then you can file a petition seeking annulment of marriage within one year from the date of knowledge.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

A Second marriage without getting a valid divorce decree from first marriage is null and  Void 

Ajay N S
Advocate, Ernakulam
4027 Answers
99 Consultations

5.0 on 5.0

Hello Sir,

Need not to wait for one year. After getting the  decree of divorce, husband and wife have to wait at least for 90 days from the date of receipt of decree to get into the remarriage. Aggrieved against the divorce decree, If either party have nor filed any appeal within a period of 90 days then there is no restriction for remarriage. Therefore, if there is not appeal has filed with in a period of 90 days from the date of receipt of the divorce decree, you can getting into another marital life.  

Selva Perumal
Advocate, Chennai
338 Answers
36 Consultations

4.9 on 5.0

Limitation for challenging a decree of divorce is 90 days from the date of obtaining certified copy of divorce. You can safely marry after four months of date of decree. It is not proper to comment on other lawyer's opinion. 

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

- Hence, the said marriage in the absence of divorce from first husband is not valid and attract Bigamy as per law. 

- Further, this marriage can be declared as null & void after filing declaration petition before the court .

- The said 12 months period is not applied in this case. 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

hi, 

the 1st marriage is itself voidable as it does not fulfill the condition of a valid marriage as per Hindu marriage act.

you can file a declaration petition from your end. 

Riti Gupta
Advocate, Mohali
16 Answers

Not rated

Dear client I am sorry to hear that but in this case you can file  case against them 

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

That is not true. A decree of annulment doesn't mean that the marriage was nullified on the date of the decree.

It means the marriage was void ab initio ie null from the beginning and hence the law says that there was no marriage at all between the parties.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

You can get married after 30 days of receiving annulment decree.

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

You can remarry after finishing of the appeal period of that decree I'm appellate court.

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

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