July 18, 2014
Know about Exparte?
Section 13B of Hindu Marriage Act provides for a cooling period of six months on the first motion being moved, in the event the parties changed their minds during the said period. Accordingly, after the initial motion and the presentation of the petition for mutual divorce, the parties are required to wait for a period of six months before the second motion can be moved, and at that point of time, if the parties have made up their minds that they would be unable to live together, the Court, after making such inquiry as it may consider fit, grant a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. As such there is no waiting period provided under the Hindu Marriage Act 1955 for remarriage after the dissolution of marriage by decree of divorce issued by the competent district court, however there is a period of ninety days for filling appeal in the High Court against the divorce order passed by the district court.
In order to be on safer side it is advised not to remarry for ninety from the day of order, least the respondent goes for appeal under section 28 of the Act against the order for divorce and may get such order reversed thus nullifying the decree of divorce. To register under this Act, both the partners need to be Hindus. The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place. The marriage may be performed following any of the marriage rites and customs of both or either one of the parties and it is not necessary to marry in an Arya Samaj mandir. Alternatively, you can apply to the registrar of the place where either spouse stayed for at least six months before marriage. For proof of marriage, submit a certificate from the priest who solemnised the marriage. All the documents should be attested by a gazette officer. Lastly, you will have to deposit a fee with the cashier and attach the receipt with the form. Once the application has been submitted and the documents verified, the concerned officer will assign a date for registration, when the marriage certificate will be issued.
Under Special Marriage Act, both the parties have to give a 30-day notice to the sub-registrar in whose jurisdiction at least one spouse has resided. Under Hindu marriage act, you register the marriage after the same has been solemnized, while under Special Marriage Act, the marriage requires only one month prior notice given to the Marriage Officer & after the expiry of this notice period, marriage presence of three witnesses, registration & getting the Valid Marriage certificate.
In order to be on safer side it is advised not to remarry for ninety from the day of order, least the respondent goes for appeal under section 28 of the Act against the order for divorce and may get such order reversed thus nullifying the decree of divorce. To register under this Act, both the partners need to be Hindus. The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place. The marriage may be performed following any of the marriage rites and customs of both or either one of the parties and it is not necessary to marry in an Arya Samaj mandir. Alternatively, you can apply to the registrar of the place where either spouse stayed for at least six months before marriage. For proof of marriage, submit a certificate from the priest who solemnised the marriage. All the documents should be attested by a gazette officer. Lastly, you will have to deposit a fee with the cashier and attach the receipt with the form. Once the application has been submitted and the documents verified, the concerned officer will assign a date for registration, when the marriage certificate will be issued.
Under Special Marriage Act, both the parties have to give a 30-day notice to the sub-registrar in whose jurisdiction at least one spouse has resided. Under Hindu marriage act, you register the marriage after the same has been solemnized, while under Special Marriage Act, the marriage requires only one month prior notice given to the Marriage Officer & after the expiry of this notice period, marriage presence of three witnesses, registration & getting the Valid Marriage certificate.
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