Do you want to know after divorce, how long to wait to remarry in India? Well, That’s a nice question. Read this article to find it out
Divorce is a “scar” that no one wants in Indian society, where people are extremely orthodox. But if you wish to remarry and think that it was a stupid decision you ever made, we will help you to go through the remarriage procedures, let’s dive in for more information.
Contents
What is Remarriage?
As from the word itself, we can understand that remarriage is what you will marry the same person after the previous marriage has ended through divorce or widowhood. Some people are more likely than others to remarry; the likelihood varies depending on past relationship status amount of interest in starting a new romantic relationship, gender, culture, and age, among other things.
What does Indian Law talk about Remarriage?
Only after an aggrieved party’s appeal against a divorce order is dismissed is it allowed to marry again, according to the Hindu Marriage Act. A second marriage, however, is not void if it occurs while an appeal is pending, according to the Supreme Court.
A bench headed By justice SA Bobde and L Nageswara Rao inferred section 15 of the Hindu Marriage Act to say that infirmity for second marriage for a certain period of time (during the pendency of an appeal against divorce) did not have the effect of treating the former marriage as subsisting, and that a marriage contracted during that period will not be void because it occurred during an incapacity.
Remarriage in Mutual consent
You are free to remarry whenever you wish after the divorce decree has been issued. After a divorce, there are no restrictions on remarriage. In many instances, though, former spouses argue in court that the divorce was imposed upon them because their partner wanted to marry shortly. Furthermore, because you have not yet healed and are unsure of what you want from the marriage, making a hurried decision can complicate your new connection.
Decree of Divorce in India
According to Section 15 of Hindu Marriage Act 1955, both parties are allowed a 90-day time to file an appeal from the date of the divorce judgment, and if no appeal is filed during this time, any party is eligible to remarry once the appeal period expires.
So, what should you do during the Appeal Period?
It might be difficult to heal quickly from the trauma of divorce. You may be heartbroken and mentally exhausted following your divorce, but you don’t have to surround yourself with negative energy. You must feel good enough to move on from the divorce and concentrate on making your life happier.
So, the topic’s conclusion is that everything takes time, and that time is spent waiting for the right event to happen to you. If your prior marriage had the poorest chances of surviving, it is recommended that you do not rush into things again so soon since you must be mentally and physically devastated. Also, keep in mind that anything life has tossed at you so far has been for a purpose.
Still having more doubts to clarify? Then, feel free to consult the top divorce lawyer in bangalore
About the Author – Advocate Priya Narayan
Advocate Priya Narayan is a seasoned divorce and family law attorney based in Bangalore, with over 12 years of courtroom experience. She has represented 500+ clients across a wide range of matrimonial cases — including divorce, child custody, alimony, domestic violence, and mutual consent petitions under Hindu, Muslim, Christian, and Special Marriage Acts.
Her deep understanding of personal laws, combined with real courtroom insights, helps clients navigate complex legal situations with clarity and confidence. Advocate Priya is known for her strategic litigation skills, empathetic client approach, and a strong track record in achieving favorable settlements both inside and outside the courtroom.
Office located in: Indiranagar, Bangalore
Email: contact@bestdivorcelawyerinbangalore.com
Phone: +91-9361722724
This article is based on her legal understanding and practical experience in Indian family courts.
Need guidance on your case? Schedule a confidential consultation with Advocate Priya Narayan.