Can I Marry Immediately After Mutual Divorce?

The act of getting married again after a prior marriage has ended in divorce is known as remarriage. The waiting period, evidence of the dissolution of the prior marriage, and other requirements are among the legal prerequisites and processes for remarriage.

In cases of contentious or ex-parte divorce, a person has 90 days from the date the divorce is finalized to get married again; however, since mutual divorce proceedings do not allow for an appeal, there is no such time limit.

Section 15: Hindu Marriage Act

According to Section 15 of the Hindu Marriage Act in India, a person can get married again after receiving a divorce decree. According to the Section, a divorced person who has no right to appeal, who has passed the deadline for filing an appeal, or who has had their appeal rejected by the court may remarry. The divorced person may legally remarry after the deadline to appeal has passed. The waiting time may, however, be waived by the court in specific situations.

If the divorce was issued in accordance with the Hindu Marriage Act, this regulation applies. The rule might be changed if the divorce was approved in accordance with another law, such as the Special Marriage Act or the Indian Divorce Act.

Explanation of the Waiting Period under Law

Before the 1976 amendment, the parties to a divorce had to wait at least a year before entering into a new marriage.

The idea was to allow the parties to remarry after their disputes were resolved. However, the one-year requirement has since been dropped, and the current situation is as follows.

When a divorced person may remarry is outlined in Section 15 of the Hindu Marriage Act. If the following requirements are met, the parties may get married again after their divorce:

• If neither party has the ability to challenge the divorce judgment,
• If an appeal is possible but the opportunity has passed,
• When a similar appeal is rejected

Legal Conditions for Marriage after Divorce

After a divorce, the following legal prerequisite must be met in order to get married again-

• The divorce judgment is now enforceable and final.
• The waiting period, often 3 months, outlined in the divorce decree has ended.
• The relevant authorities must issue a marriage certificate to both parties.
• According to the Hindu Marriage Act or other applicable legislation, both parties must fulfil the other legal conditions before becoming married.

Marriage after Mutual Consent Divorce

However, the parties to a mutually agreed-upon divorce would not be subject to Section 15 of the Hindu Marriage Act’s ban on a second marriage.

In such a union, any of the divorced spouses is permitted to get married again at any time after the divorce is confirmed. This is so that the trial court’s divorce decree, which is final by law for such a divorce decision, cannot be appealed.

Role of Judiciary

• In the case of Anurag Mittal v Shaily Mishra Mittal, the court stated that in cases where parties have settled and have chosen not to appeal, the prohibition on second marriage imposed by Section 15 of the Hindu Marriage Act would not apply.
• In the case of Kadambani v Roshan Lal, the court ruled that a remarriage would fall under the category of an invalid marriage if it occurred while an appeal against the divorce decision was pending.

Everything takes time, and as time passes, you must wait for the appropriate event to occur. It is advised not to rush into things so soon if your previous marriage had the poorest chances of success because you must be both mentally and physically damaged. Just keep in mind that everything that has happened to you in life thus far has been for a good reason.

You will need a lawyer to finalize your mutual divorce and guide you in your court marriage immediately after the divorce. If you need the help of lawyers to get your Court Marriage in lucknow done, then lawyers in Lucknow can be hired, and if you need the help of lawyers to get your Court Marriage in ludhiana done, then lawyersin Ludhiana can be hired. Similarly, lawyers in Kolkata can be employed if you need the help of lawyers to get your Court Marriage in kolkata done.

At Lead India, you can consult and talk to a lawyerfor advice there. You can get free legal adviceonline as well as ask a legal question online for free to lawyers at Lead India.

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