Ex parte divorce

ANIL (Querist) 01 February 2013 This query is : Resolved
My nephew got ex parte divorced after 3 years of separation......after the divorce order by court three months have been lapsed.. Can he go for remarraige and what steps/precautions he should take so that the ex parte divorce order should not get aside if challenged by his first wife later on........ pls help/explain every step to be taken care of in detail

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Nadeem Qureshi (Expert) 02 February 2013
Dear Anil
after 90 days of getting the ex-party divorce decree the husband has right to remarry after publishing the declaration in newspaper. because in many cases the husband remarried after getting ex-party divorce decree and after that the wife file a ex-party set aside application before the court along with the application u/s 5 of limitation act for condonation the delay and if court satisfied the reason mentioned in the application filed by wife the court set aside that decree, due to this set aside order the second marriage will be void and second wife will not be a legal wedded wife of that person.

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ANIL (Querist) 02 February 2013
Any precaution on getting ex parte aside I can take to avoid these unpleasant/strange scenarios later on.................should we go for the marriage or not ??

R.K Nanda (Expert) 02 February 2013
u can go for re-marriage.

ajay sethi (Expert) 02 February 2013
play safe . wait for another 3 months

ANIL (Querist) 02 February 2013
I have come to know that if the person re-marries again, the first wife can only claim for alimony & cannot get aside the ex parte order............Pls comment & give clarity on this

ANIL (Querist) 02 February 2013
As requested earlier what steps/precautions a person should take so that the ex parte divorce order should not get aside if challenged by his first wife later on........ pls help/explain every step to be taken care of in detail

Raj Kumar Makkad (Expert) 03 February 2013
Ex-parte order can be got set aside at any later stage even if the respondent satisfies the court that he or she was not properly summoned in the case but major think in your case is that you waited sufficient time after deecre of divorce and then got re-married and in such situation only the first wife can take permanent alimony and maintenance and subsequent marriage cannot be got effected at any cost.

ANIL (Querist) 03 February 2013
Should I publish anything in the official gazatte or in newspaper before the second marriage ??

ajay sethi (Expert) 03 February 2013
well if you are so keen on second marriage inform your wife that you are getting married again . wait for 3 months then remarry

Raj Kumar Makkad (Expert) 03 February 2013
You neither need to get it published inn news paper or in official Gazette or to tel your wife (ex) about your re-marriage, Follow only legal course of action already told to you.Re-marriage is your legal right after waiting the period of 89 days from the passing of the decree of divorce.