Legal Question in Family Law in India

supreme court ruiling on marriage after the BAR Period of 90 days

Supreme court has ruled out in a case that after the divorce one can remarry after the 90 days period.The marriage done after the said period can not be nullified.Can any one help me with the year in which this ruiling was filled and the parties involved in the case so that i can be helped in preparation of case where exparte divorce decree has been set aside by the court.


Asked on 9/16/08, 11:44 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: supreme court ruiling on marriage after the BAR Period of 90 days

You do not need a supreme court ruling in support of this legal proposition; that is the statutory law.

You may like to read Section 15 of the Hindu Marriage Act, 1956 read with Section 28 (4).

However, if the divorce decree has been set aside, the aforesaid provisions shall not be applicable and the legality of second marriage will depend upon final adjudication of the earlier divorce petition.

You are advised to contest the order of "setting aside ex parte" before appellate court. that is important for you.

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Answered on 9/16/08, 9:25 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: supreme court ruiling on marriage after the BAR Period of 90 days

Already replied.

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Answered on 9/17/08, 6:48 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: supreme court ruiling on marriage after the BAR Period of 90 days

It is statutory Law

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Answered on 9/17/08, 8:26 am


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