A Brahmin couple married in Chennai in 1998, later moved to the US and became citizens. They had a son in 2003. Unfortunately, they faced incompatibility issues and the husband filed for divorce in Chennai’s family court. The wife initially participated in the proceedings for a year but then stopped attending hearings despite the judge’s warnings. The divorce was granted in her absence on April 24th, 2016. How long does the husband need to wait before he can remarry? Is there a specific timeframe for the wife to file a review petition? Can she appeal the divorce even though she didn’t attend the hearings?

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Apni Law
Law Forum › Category: Divorce › A Brahmin couple married in Chennai in 1998, later moved to the US and became citizens. They had a son in 2003. Unfortunately, they faced incompatibility issues and the husband filed for divorce in Chennai’s family court. The wife initially participated in the proceedings for a year but then stopped attending hearings despite the judge’s warnings. The divorce was granted in her absence on April 24th, 2016. How long does the husband need to wait before he can remarry? Is there a specific timeframe for the wife to file a review petition? Can she appeal the divorce even though she didn’t attend the hearings?
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Apni Law Staff asked 6 months ago

A Brahmin couple married in Chennai in 1998, later moved to the US and became citizens. They had a son in 2003. Unfortunately, they faced incompatibility issues and the husband filed for divorce in Chennai’s family court. The wife initially participated in the proceedings for a year but then stopped attending hearings despite the judge’s warnings. The divorce was granted in her absence on April 24th, 2016. How long does the husband need to wait before he can remarry? Is there a specific timeframe for the wife to file a review petition? Can she appeal the divorce even though she didn’t attend the hearings?

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Best Answer

Apni Law Staff answered 6 months ago

Under Indian law, the husband can remarry immediately after the divorce is granted. The wife has a period of one year from the date of the divorce decree to file a review petition, which can be filed even if she did not participate in the proceedings. However, the chances of success are significantly reduced if she did not actively participate and had ample opportunity to be heard.

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