How many days after contested divorce can I remarry in India?
Husband remarried after appeal period and before he gets private court notice from appeal party (ex wife). The appeal was filed by ex-wife 120days from the initial judgment with 151CPC petition. Is the second marriage valid as the husband remarried after appeal period and before he gets the notice? What would be the view of HC on this?
In India, after a contested divorce, a person must wait for the appeal period, which is 90 days from the judgment, before remarrying. If the husband remarried after 90 days but before receiving the appeal notice, the marriage is generally considered valid unless the High Court stays the divorce decree. However, if the appeal is accepted and the divorce is overturned, complications may arise. The High Court’s view depends on whether the appeal has merit and whether the second marriage was done in good faith after the appeal period expired.
f the husband remarried after the appeal period expired and before receiving notice of the appeal, the second marriage is generally considered valid, provided he acted in good faith without knowledge of the pending appeal. The court will assess whether the delay in filing the appeal was condoned and if there was any malafide intent.
Ma’am, as per the court directions appeal period is of 30 days and after this period husband is eligible to remarry. However, in a full bench ruling, the Bombay High Court ruled that a Hindu may get married again 90 days after receiving a divorce, provided that no appeal against the decree is underway. For further legal assistance contact us on our helpline number.
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