• Remarriage in appeal period

Can a person marry in again in appeal period when decee of divorce from court?
Asked 5 months ago in Family Law from Port blair, Andaman And Nicobar Islands
Religion: Hindu
Appeal can be filed against divorce decree within period of3 months 

Remarriage  during period of appeal would be illegal 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Person cannot remarry within appeal period 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
One is bound to wait till the expiry of the limitation period to file an appeal before remarrying. Marriage solemnized within the limitation will be rendered illegal if the appeals court is to finally overturn the decree of the lower court.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hello,
1) One has to wait for the appeal period to get over to marry again. What if appeal overturns the lower court order. Your marriage week become void/illegal then.

2) You can marry assuming that the other party will not appeal out that the appellate court upholds the verdict.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Can a person marry in again in appeal period when decee of divorce from court?


The limitation for filing an appeal before high court is 90 days but to that of the sub ordinate courts is only 30 days.

Thus if the appeal was preferred within the limitation period then  the he cannot marry again till the disposal of appeal and that can be considered as bigamy too. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
If the lower court has given order for divorce can a person marry again in appeal period? Or is the any option to marry again before they appeal in high court..



If the marriage itself during the appeal period, provided the appeal has been preferred within the appellable period, is void and can be termed as bigamy. 

Therefore there is no  question of marrying before the appeal is preferred. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0