Yes, a divorcee can absolutely do court marriage again in India, as long as certain legal conditions are met. Legal Position A person who is legally divorced is free to marry again, whether through court marriage or religious/customary marriage. This is recognized under the Special Marriage Act, 1954—the law that governs court marriages in India. Conditions for a Divorcee to Remarry via Court Marriage 1. Final Divorce Decree The earlier marriage must be legally dissolved by a competent court. You must have the certified copy of the final divorce decree (judgment and order). If the divorce is mutual, both parties must have accepted the terms. If the divorce was contested, all appeals (if any) must be resolved, or the time to appeal must have passed. 2. Cooling-off Period (if applicable) If the divorce is recent, ensure that the appeal period (usually 90 days) has passed or the other party has waived their right to appeal. Marrying during an active appeal period may be risky and lead to legal complications if the decree is challenged. 3. Other Conditions under Special Marriage Act Both parties must be of marriageable age (21 for males, 18 for females). Neither party should have a living spouse. Both must be mentally sound. The marriage should not fall within the prohibited degrees of relationship, unless allowed by custom. Documents Required (For a Divorcee) Application form (as per local Marriage Officer) Age proof (birth certificate, Aadhaar, passport, etc.) Address proof Passport-sized photographs Divorce decree (certified copy) from court Affidavit declaring marital status, mental soundness, and consent If one party is a foreign national, additional documents (NOC, etc.) may be required Procedure for Court Marriage (Simplified) 1. Notice of Intended Marriage is filed with the Marriage Officer in your jurisdiction. 2. A 30-day public notice period follows (to invite objections, if any). 3. If no objections, the marriage is solemnized before the Marriage Officer and three witnesses. 4. A Marriage Certificate is issued on the same day. Important Note Bigamy is a criminal offence under both the Bharatiya Nyaya Sanhita, 2023 (Section 82) and personal laws. A person already married cannot legally remarry without divorce. So, a divorcee is legally clear to remarry, but a person still married is not. Conclusion A divorced person can remarry through court marriage in India, provided: The divorce is final and legal. All eligibility conditions under the Special Marriage Act are met.

Dear Client, Yes, a divorcee can remarry in court, however, he or she must possess all the required eligibility criteria and his or her former marriage has to have been legally and finally separated. The Special marriage Act of 1954 solemnizes court marriage in India, and sets certain conditions and procedures that will be followed in marriage. The following is a detailed list of the minimum requirements of a divorcee who wants to take out a marriage through the court: Eligibility and Matrimonial status The presence of a living spouse is one of the basic requirements that must be satisfied to get a special marriage under the Act solemnized. Because a divorce legally disbands the former marriage, the person is regarded to be legally free to get remarried. The court marriage eligibility requirements clearly define that the two partners must be: Divorced or Widowed. In the process of filing the marriage in court, the parties have to produce an affidavit about their marital status where they have to declare themselves a divorcee. Required Documentation: A divorcee should provide certain documents and the court application of marriage to prove that the previous marriage has been ended legally: Divorce Decree: It is a document which is necessary in case of a divorcee. Affidavit: The bride and the bridegroom will be required to sign separate affidavits containing information about their marital status confirming that they are a divorcee. Remarriage Waiting Period in the Law: Divorcee can remarry, though, legally after the initial marriage is ended legally. Under the law, however, the conditions will govern the timeline of the remarriage, especially to the period of appealing the divorce decree: Section 30 of Special Marriage Act, 1954: This section deals with remarriage of those who are divorced. A divorced individual is not allowed to remarry until some prescribed conditions are fulfilled: The divorce decree is not subject to right of appeal and in case there is any right to appeal, the time of appeal has passed and no appeal has been made. In case of a presented appeal, it is rejected. Normal Period of Appeal: In disputed divorce proceedings (as in the Hindu marriage Act, 1955), parties are usually required to allow 90 days after the date on the granting of the divorce decree to enable either party to appeal. Mutual Consent Divorce: In mutual consent divorce, remarriage may usually occur without delay, even after the final decision is delivered by the court, because there is no mandatory time frame in case of an appeal to the given decision. Legal Integrity: In court marriage application, it is important to declare the previous divorce. In case an applicant is a divorcee and he lies on the affidavit by stating that he is unmarried, it means he is giving a false declaration and this is considered to be an offense under Section 199 IPC (false statement in a public document). The most secure alternative is declaring the status as divorced. The Marriage Officer conducts a court marriage in the presence of a couple and three witnesses. A marriage certificate is given after the ceremony and this is a conclusive piece of evidence of the marriage. I hope this answer helps; if you have any further questions please don't hesitate to contact us. Thank you