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Jun 27, 20233 min read

Can I Marry Immediately After A Mutual Divorce?

With the divorce, all of your rights and obligations to one another are eliminated, and you are no longer in charge of your partner's life. Although this scenario may be painful for you, keep in mind that you are not alone and that you will soon return to your most cherished period of freedom—"singlehood"—after you get through it. In this circumstance, how will you compromise to get remarried after a divorce?” emerges. Studies show that it becomes challenging to trust people, uphold promises, and envision a happy married life again, but life must carry on.


Remarriage is the act of remarrying after a previous marriage has ended in divorce. The legal requirements and procedures for remarriage include the waiting period, proof of the previous marriage's dissolution, and other conditions. A person has 90 days from the date the divorce is finalized in contentious or ex-parte divorce cases before they can remarry; there is no such restriction in mutual divorce processes since there is no opportunity for an appeal.


Hindu Marriage Act, Section 15

A person in India who has been granted a divorce may remarry in accordance with Section 15 of the Hindu Marriage Act. The Section permits a divorcee who has no right of appeal, who has missed the deadline for filing an appeal, or whose appeal has been denied by the court to remarry. After the appeal period has expired, the divorced person may legitimately get married again.


However, the court may, in some circumstances, waive the waiting period. This rule is applicable if the divorce was granted in accordance with the Hindu Marriage Act. If the divorce was granted in accordance with another law, such as the Special Marriage Act or the Indian Divorce Act, the norm might be altered.

An explanation of the legal waiting period

Prior to the 1976 amendment, a divorced couple had to wait at least a year before getting married again. After their disagreements were settled, it was intended to permit the parties to get married again. The one-year restriction, however, was later removed, and the present scenario is as follows: Section 15 of the Hindu Marriage Act specifies when a divorced individual is permitted to get married again. The parties may remarry after their divorce if the conditions below are satisfied:

  • If neither party has the legal means to contest the divorce decree,

  • If a challenge is viable but the window of opportunity has closed,

  • Whenever an identical appeal is denied,

Marriage following a mutually agreeable divorce

The parties to a divorce that was mutually agreed upon, however, would not be subject to the prohibition against a second marriage under Section 15 of the Hindu Marriage Act. Any divorced spouse in such a partnership is free to wed again at any time after the divorce is finalized. This prevents an appeal from being filed against the divorce decree issued by the trial court, which is legally irrevocable in such cases of divorce.


Judiciary's Function

The court ruled in Anurag Mittal v. Shaily Mishra Mittal that the prohibition on second marriage imposed by Section 15 of the Hindu Marriage Act would not apply in situations where parties have settled and have opted not to appeal.


In the case of Kadambani v. Roshan Lal, the court decided that if a remarriage took place while an appeal against the divorce order was still pending, it would be considered an invalid marriage.


Legal Requirements for Marriage Following Divorce

The following legal requirements must be satisfied after a divorce in order to get married again:

  • The divorce judgment is now final and enforceable.

  • The divorce decree's specified waiting period, which is typically three months, is already over.

  • Both parties must receive a marriage certificate from the appropriate authorities.

  • Before getting married, both parties must satisfy all other legal requirements as set down in the Hindu Marriage Act or other relevant laws.

If the couple lives in Lucknow, then a Court Marriage In Lucknow may be done. Moreover, if the couple lives in Ludhiana, then a Court Marriage In Ludhiana may be done. A Court Marriage In Kolkata may be done if the couple lives in Kolkata.


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