Can one remarry when contested divorce is challenged?

consultant

Hi Experts,

  

Wife filed divorce in lower court which is contested by husband but eventually he lost. Husband challenges this order in high court immediately the very next day. My question is:

   

1) Is such appeal rejected by High Court Normally? If husband do not want divorce and want to take her back and has not done any cruelty then should not he appeal in High Court (and then in Supreme Court). What is the trend ? Do they accept husband's petition (to challenge divorce decree granted by lower court) in divorce filed (and evetually won by wife) by wife? Do husband need to show proof that he has not done any cruelty while challenging her divorce decree ni high court?

    

2) If husband's appeals against her divorce and that is accepted by High Court then can wife re-marry? If she remarries then is it a crime and will her re-marriage be void?

 
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Bangalore

Is it you who wants to marry.


or 


Is it your wife who wants to marry?

 
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@Querist,

 

Reply Query-wise-

 

1.Yes,you can very much appeal to the high court to set-aside the order of the lower-court.Cases are always fought on merit.

 

2.Unless,the path to appeal closes in respect of any of the parties in context of re-marriage,none can move forward towards re-marriage.If either of the parties goes against this notion,such marriages shall be considered void.

 

If the court has passed an injunction order to either of the parties not to marry before the case is fully heard,and if either of the parties voilates such injunction order,such party may be held guilty of Contempt of Court.

 

Further...{Only if a genuine need arises thereof}

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regard,

 

 

 
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consultant

Originally posted by : Helping Hand !

Is it you who wants to marry.




or 




Is it your wife who wants to marry?

  

My wife.

Re-phrasing my question (although already being answered by  newS_Know):

  1. Wife file contested divorce in lower court.
  2. Husband opposes it but unfortunately due to biased lower court judges, he looses and wife gets divorce decree.
  3. Husband immediately challenge that divorce decree in High court, the very next day (when she rewarded divorce decree from lower court). Will husban's appeal in HC be accepted? What is the normal trend. Will HC consider women as abla-naari and rejects husband's appeal?
  4. If husband's appeal  (of challenging divorce decree) is accpeted in HC then can she remarry (and contest HC divorce at same time)? 
  5. How much time GENERALLY a divorce cases (filed by wife) runs in lower court (let say under speedy trial)

Please answer as my wife is asking me to opt for MCD and pay her 25 lakhs. I have been threatened that if I do not agree to her demands then she will file contested divorce. My concern is that how easy for her to run away from a marriage with her boyfriend? I do not want divorce. MCD is last option for me  but cannot pay 25 lakhs. 

 
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Aap MCD kyo chahte ho jab divorce ho chuka h to aaram se dusri shaadi kro.ab kya aap ko koi paisa dena pada h contested divorce me
 
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maanger

Yahan duniya divorce milte hi Bhagwan ka shukriya ada karti hai ,agar divorce nahi dena tha then did u file RCR

 
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consultant

No RCR can force her to stay with me.

Can I get sensible answers?

Experts. Please?

 
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Practicing Advocate

If the appeal against the divorce decree is pending in the HC, then your wife cannot remarry till the decision of the appeal. If the appeal is decided in your favor then, your marriage will remain intact and no question of remarriage by your wife.  It will amount to bigamy. The wife cannot be forced to live with you by an RCR decree. There is no need to go for MCD when already divorce is granted. You can simply withdraw your appeal.

 
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NA

if you don't want divorce then why you think MCD is your last option? Do u knw MCD means Mutual Consent Divorce?
 
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Field Supervisor

Normal trend is: High Court will accept the appeal. But there is a very slim chance that High Court will go against the lower court verdict unless there was a gross procedural lapse by the lower court. Normal trend in India now is to grant divorce whoever (husband or wife) wants it. 

Both Indian Govt and Judiciary have adopted a pro-divorce policy on the principle that it is unfair to force an unwilling person to live a broken family life.

Highcourt will rather take a closer look into alimony matter.

Remarriage rule is like this:

If the HC accepts the appeal and notice is served to the opposite party (wife here) within 90 days from lower court judgment, wife can not remarry. If the appeal is accepted, she can not remarry as long as case is pending in HC. After the HC judgement comes out, she will have to wait for another 90 days which is the appeal period for Supreme court.

 
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