I Want To Remarry With The Same Spouse After 3 Months Of Divorce
- lead India
- May 12, 2023
- 3 min read
Even in the present times divorce is a stigma in the society with people having conservative thoughts. In some situations, the company of the partner could be so toxic that it is necessary that the parties remain separate from each other.
However, there could also be situation where the partners to the marriage were rash or just made a hasty decision in order to get separated. In many situations couples realize their mistake only after they have destroyed their relationship or have taken the ultimate step.
Therefore, the question to be raised is if both partners wish to start their relationship afresh after having finally divorce each other, how could they come together? Following article deals with the above mentioned question of remarriage of a divorced couple in India.
Hence, in case you are facing problems in your marriage or are thinking of getting divorced, you must discuss your problem with an experienced divorce lawyer in Kolkata or your city in order to have a better understanding of the laws related to divorce as well as the provisions related based on which you can file for divorce.
Types of divorce-
You could apply for divorce by mutual consent or either one of the spouses can file for divorce without consent of their respective partner. In order to understand the law better and understand your legal options properly, it will be favorable for your case to seek assistance of an experienced lawyers in Delhi.
Divorce by Mutual Consent- also known as no fault divorce, when the couple decides it on their own to end their relationship as they understand that it is not possible for them to continue their relationship any longer.
Contested Divorce- various grounds have been provided under the various provisions of the law in relation to divorce such as adultery, cruelty, desertion, etc., on the basis of which either partner to the marriage shall be able to file for divorce even without the consent of the spouse.
Law on remarriage in India ?
In order to have a decree of divorce, the couple will have to wait for a period of at least 90 days before they could marry some other person or the previous divorced partner.
Provided under Section 15 of the Hindu Marriage Act, 1955 a person will be able to marry again after a divorce decree has been granted, only when no appeal has been filed against the decision of the court.
According to the law, a period of 90 days shall be provided for the appeal from the day of decree of divorce, if no appeal has been filed by either parties to the court case, they shall be eligible to remarry after such period for appeal gets over.
Mutual Consent Divorce.
In order to file for a mutual consent divorce, no such limitation have been imposed as the divorce in these cases has been is applied for in accordance to the agreement of both parties, hence, such a situation no question for appeal shall be there. Either of the divorced parties will be able to remarry any day after the decree for divorce shall be granted.
Conclusion-
After the decree of divorce has been passed, it is better to re-evaluate your feelings for one last time. Maybe after the divorce has been finalized, for various reasons you may believe that you have made a mistake and want to reconcile with your partner, or wish to marry someone else.
The decision of divorce is never easy, as it will not only affect your life emotionally, but socially as well. Therefore filing for divorce, you are advised to mull over your options properly, which shall be easier with proper advice from an experienced advocate.
Lead India offers you a team of experienced advocates who have for a long time been successfully handling the cases related to cases involving divorce, maintenance, etc. you may contact us to ask a legal question or for some other legal assistance related to your case.
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