Marriage after mutual divorce

4 years ago

I applied for mutual divorce in April. Both of us are working in multinational companies(software engineers). And I have gone for an advancement petition and got the six months waiting period waived off and got the divorce decree from the H'ble court in July. Both of us are present in the court and got the divorce. As she is working there was not permanent alimony given to her and we have MOU signed regarding the same.

Now she has raised an appeal against me in August in the same court asking for cancellation of the divorce. As of now I didnt receive any stay from the court on my divorce decree. At this stage as it been already 4months since I got the divorce decree can I get married now. Can you please advice.

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Parmeshwar Digambarrao Pawar

Responded 4 years ago

A.Dear client as per civil procedure code , there is no appeal for the decree passed with mutual consent of parties. Even though if your wife choose to claim for maintenance or permanent alimony it is not possible by law after passing decree. If if she files appeal , her appeal will be dismissed. As the Hon'ble court has passed the decree in the month of July , then you can marry now, no impediment for you.

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Chitra Sundar

Responded 4 years ago

A.It depends on the date of filing appeal by your wife. if it is filed after 90 days and not admitted yet, you may marry. If it you have received notice, it is better to wait and see the outcome and not rush into it.

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Sushama

Responded 4 years ago

A.Yes you can marry. Contact for more information.

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Sanjay Kumar Jha

Responded 4 years ago

A.Dear Client,
U both applied for Mutual Divorce and got Decree, now if she has gone for Appeal, does not matter This appeal would not be allowed bcz she had agreedly filed for divorce on Affidavit in court. Now she would not have any option for challenge, unless any legal error in proceeding.
However, in the meantime u may marry.
Thanks

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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
If there is no stay order by the same Court then you immediately get marry which is legal as you have got divorce and appeal period is already over.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.

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