DIVORCE DECREE UNDER HMA FROM DISTRICT COURT

Tilak Marg Forum for Legal Questions Forums Family Law DIVORCE DECREE UNDER HMA FROM DISTRICT COURT

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    • #5761

      please inform
      1. Is divorce and alimony judgment issued on same day by Family Court?
      2. Is there any waiting period for divorce to be final?

    • #5794

      Section 25 of the Hindu Marriage Act, which deals with the grant of permanent alimony and maintenance, clearly states that “Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband…”.

      Therefore, the court may issue the order / decree of divorce and the alimony either on the same day or on different dates. It may differ from case to case. Generally, such orders may be issued at the same time.

      The answer to your second question is contained in Section 15 of the Hindu Marriage Act:

      15. Divorced persons when may marry again.—When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.”

      Since the period for filing appeal against a decree of divorce is 90 days, this implies that one may have to wait for this period of 90 days before marrying again if the appeal is not filed. And if the appeal is filed, then the parties to the divorce may have to wait till the disposal of the appeal for marrying again.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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