Question: I want to know when the person remarry after pronouncement of decree of divorce? My marriage has dissolved by the family court. The decision was given on 3rd December 2022. After the decree of divorce when the parties can solemnize marriage?
Asked from: Karnataka
Under Indian law, a person can remarry only after the divorce has become final and the time for appeal has expired or, if an appeal has been filed, after the appeal has been decided and the divorce has been upheld.
According to the Indian Divorce Act of 1869, a divorce decree becomes final after 90 days from the date of the decree, unless an appeal is filed within that time period. If an appeal is filed, the divorce decree does not become final until the appeal is decided and the divorce is upheld.
In summary, If a person’s divorce is final and the time for appeal has expired, they are free to remarry, if an appeal is filed against the divorce and the parties mutually agree, they can remarry, otherwise they have to wait until the appeal is decided and the divorce is upheld.
