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Writer's pictureLead India
Nov 23, 20223 min read

How Can I Remarry With The Same Spouse After Divorce?

Hindus have traditionally viewed marriage as a deeply spiritual and divine right. It has long been a topic of Dharmashastra. Making a law out of Shastra in respect to marriage was necessary at this time since all aspects of religious law were being codified. Hindu Marriage Act of 1955 prohibited polygamy (having more than one wife), which was a belief held by some Hindus. The HMA Act has also made a number of other modifications to the traditional Hindu marriage rituals. The Hindu culture is widely recognised for its numerous wedding customs. The final act required for marriage is considered to be Saat Pheras (officially referred to as Saptapadi or circles around the holy fire).

Hindu marriages are governed by an act also referred to as the HMA Act. It stipulates the conditions that confirm, invalidate, dissolve, or reconcile married couples. Additionally, it offers details on the courts that legitimately handle cases involving the HMA of 1955.

You can divorce your ex and then get remarried. There is a certain procedure for this.

Procedure:

  • If you want to get married under the special marriage act, you must apply in person to the registrar of marriages with the proper paperwork, including both parties' affidavits and witnesses on both sides. Following that, the registrar will set a date and send out notice for 15 to 20 days. The marriage will be legally constituted the following day if there are no objections.

  • If you practice Islam, you must marry a third person and have him or her divorce you after you receive a divorce decree. Then and only then can you wed the same person again with whom you previously divorced.

  • There is no such compulsion in Hindu law. If you follow legal procedures and customs and make sure the marriage complies with the Hindu Marriage Act, you can remarry the same person after divorcing them. The divorce judgment will be void after you are married.

  • Living together is a possibility, but it is always better to remarry with the correct customs and rituals and to have documentation of the marriage so that in the future, neither party will encounter issues with the legitimacy of the marriage or the issue of a mutual divorce.

  • To modify or revoke your marital settlement agreement with your spouse, you might need to file a court petition. For instance, if you remarry your partner, the clauses in the agreement that deal with your parental responsibilities or spousal maintenance payments would no longer be valid. This can be difficult, and you probably need the help of a family law expert who is certified to overturn divorce agreements. Be advised that remarrying your ex-spouse may affect your Social Security or benefit payments.

  • A prenuptial agreement can be a great method to safeguard your assets before you wed, but it's especially important to take into account if this is your second marriage.

Your prenuptial agreement will help you outline any other specifics you feel are crucial to your marital agreement and address any worries you may have about your property and finances.


Case Law:

The Bombay High Court held that if no appeal has been filed against the decision, a Hindu couple may only remarry 90 days after the decree terminating their marriage. An argumentative Hindu couple now has 90 days to submit an appeal against a divorce judgment issued by a family court. It was 30 days in the past.


It would be more convenient to consult a divorce lawyer in divorce-related problems. Legal counsel is offered by numerous businesses and individual lawyers. After a divorce, it might be challenging to remarry the same individual. Counseling might also be needed. Counseling is a skill that lawyers has received training in.


If the divorce petition is filed in Kolkata then divorce lawyers in Kolkata can be consulted. Lawyers in Delhi can also be consulted if the petition is filed in Delhi.

Numerous considerations must be made before getting married, but remarrying your ex-spouse can be more still. Before deciding to be remarried, you should speak with an expert family lawyer. They can guide you through the financial and legal ramifications of marrying your ex-spouse, easing the burden on both you and your partner.


At Lead India, we offer a range of expertise and legal services designed to help you navigate your divorce or create a prenuptial agreement. ask a legal question and you will get the best advice here. Our team of attorneys understands the ins and outs of the law, helping you make informed decisions as you start the process of remarrying your ex-spouse.


Call Us: +91-8800788535

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