If you get the divorce decree, either mutual consent divorce or contested divorce and you want to remarry again, after how long can you do the second marriage? I am Supriya Gill, a lawyer and in this article, you will get all the answers relating to this query.
Remarriage after divorce is the act of marrying again after a previous marriage has ended through a divorce. The legal requirements and procedures for remarriage include a waiting period, proof of the previous marriage’s termination, and other requirements.
A person can remarry within a period of 90 days from the divorce is granted in case of contested or ex parte divorce whereas there is no such limit in case of Mutual divorce as there is no provision for appeal in mutual divorce cases.
After a divorce decree is granted, a person can remarry under Section 15 of the Hindu Marriage Act (HMA) in India. Section 15 of the HMA states that a divorce may marry again if the divorcing parties have no right to appeal or time to file for an appeal has elapsed or the appeal has been dismissed by the Court. After the period to file for appeal has elapsed, the divorced person can legally remarry. However, the court has the discretion to waive the waiting period under certain circumstances.
This rule applies only if the divorce was granted under the Hindu Marriage Act. If the divorce was granted under other laws such as Special Marriage Act or Indian Divorce Act the rule might be different.
When can a party remarry after the decree of Mutual Divorce?
If parties have applied under Section 13B of the HMA (divorce application under mutual consent), they are free to remarry immediately after the decree of divorce.
When can a party remarry after the decree of ex parte Divorce?
After an ex parte divorce is decreed, an appeal period of 90 days is given. And if there is no appeal filed in High Court in these 90 days, you can re-marry after the expiry of 90 days.
And if an appeal is filed, and High Court puts a stay or appeal is pending, in such condition you can remarry until the appeal is pending.
When can a party remarry after the decree of Contested Divorce?
After a Contested divorce is decreed, an appeal period of 90 days is given. And if there is no appeal filed in High Court in these 90 days, you can re-marry after the expiry of 90 days.
And if an appeal is filed, and the High Court pts a stay or appeal is pending, in such condition you can remarry until the appeal is pending.
What If a person remarries before the expiry of a legal waiting period of 3 months from the divorce?
If a person remarries before the expiry of a legal waiting period of 3 months, such marriage will be a void marriage. Such marriage will have no legal recognition.
But in exceptional conditions, you can take permission from the Court, by filing a Writ petition in the Higher Court, or filing an application under section 482 CrPC or under Article 227.
Explanation of the legal waiting period as outlined in Section 15 of the Hindu Marriage Act
Prior to the 1976 amendment, after divorce, the parties had to wait for at least 1 year, before contracting another marriage.
The purpose behind, it was that the parties could remarry each other after removing the differences. But now, the condition of 1 year has been removed and the position is as under.
Section 15 of the Hindu Marriage Act lays down the provision about when a divorced person may marry again. The parties can remarry after divorce if the following conditions are satisfied:
- If there is no right to appeal against the decree of divorce by either party
- If there is a right to appeal, but a lapse of time
- When such an appeal is dismissed
Legal requirements for remarriage
To remarry after a divorce, the following legal requirement must be satisfied:
- The divorce decree has become final and enforceable
- The waiting period specified in the divorce decree, usually 3 months, has been completed
- Both parties must obtain a marriage certificate from the concerned authorities
- Both parties must meet the other legal requirements for marriage as per the Hindu Marriage Act or other relevant laws.
Case Laws On remarriage after the decree of divorce
1. Anurag Mittal vs Shaily Mishra Mittal, 2018
The Court observed that the restriction placed on the second marriage in Section 15 of the Hindu Marriage Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal.
2. Kadambani vs Roshan Lal
The Cort held that a remarriage during the pendency of appeal against the decree of divorce would come into the category of Invalid marriage.
NOTE: The laws and regulations surrounding remarriage after divorce can be complex, and it’s best to seek the advice of a local lawyer to understand the specific requirements and procedures in your case.
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