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Writer's pictureLead India
May 31, 20233 min read

I Want To Remarry With The Same Spouse After 3 Years Of Divorce ?

Even during the present times, divorce is a stigma in the society with people having conservative thoughts. In some scenarios even the company of one’s spouse could be so toxic that it is necessary to get separated from him/her. However, in some other cases, when the partners acted rashly or simply made a hasty decision to get separated from each other and later wish to get married again. People sometimes realise their mistakes only after they have destroyed their relationship or have finally taken the final step.


The question to be mulled over is if both partners to the marriage have realised their mistake after they are divorced, will they be able to get back together legally, if so how?


Following article answers the question related to the remarriage of a divorced couple in India. In case you are thinking of applying for divorce, you are advised to seek the advice from an experienced divorce lawyers in kolkata or your city, in order to have a better understanding of the laws related to divorce as well as the provisions based on which you can file for divorce.


Types of divorce-

You could apply for divorce in India either by mutual consent or either of the spouse can file for divorce even if the other partner does not wish so. To understand the law in a better light and weigh legal options available to you properly, you are advised to seek guidance from an experienced ask a legal question.

  • Divorce by Mutual Consent- called no fault divorce as well, here the couple decide by themselves to end their relationship as they believe that it is not possible to continue the relationship any longer.

  • Contested Divorce- some grounds have been provided under various provisions of the law based on which the aggrieved spouse can apply for divorce from his/her partner, some of these these grounds are- adultery, cruelty, desertion,etc.

Remarriages in India- Legal Point of View-

  • In cases where the decree of divorce haas already been passed, the couple would have to wait for a period of at least 90 days before they could marry either some other person or the previous partner.

  • As has been mentioned under the Section 15 of the Hindu Marriage Act, 1955 a person will be able to marry again after the decree of divorce has been granted, only if no appeal has been filed against the decision of the court.

  • A period of 90 days shall be provided to the parties to file an appeal against the decision of the court, from the day of the decree of divorce, if no appeal is filed by either parties to the case, then they shall be eligible to remarry after the period for appeal gets over.

Therefore before taking any decision to file for divorce, you are advised to seek legal guidance from an experienced lawyers in delhi, so that you could have a better understanding of the law.

Mutual Consent Divorce.

  • If the parties had applied for a mutual consent divorce, no such limitation as has been mentioned above shall be applied as the divorce is decided on the grounds of agreement of both parties, hence no question for appeal shall arise. Either of the divorced parties to the marriage could remarry any day after the decree of divorce has been granted.

Conclusion-

Even after divorce has been finalised, it is better for the parties to re-evaluate their feelings and to not rush to make any decision. Maybe after the decree of divorce has been passed, you may have come to a realisation that you made a mistake by deciding rashly about the divorce and wish to reconcile with your partner, or to marry someone else altogether.

Hence, you are advised to take some time after the divorce for yourself as well as focus on some other things in your life. Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to family laws including matters such as divorce, maintenance, etc. If you wish to talk to a lawyer or seek free legal advice online, you may contact us.


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