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bjapreeets (Private)     30 October 2014

Re-marriage

This query is for my friend who married recently.  She was a divorcee and got married to another person who is also an divorcee.  Before marriage her parents enquired about his divorce order etc. It was clear only. But after marriage she came to know that he got divorce order for his favor but his wife applied Civil Misc Appeal in High court. The appeal was not dismissed and still in pending stage only. Her husband is good character and the problem is from his ex-wife only. Is there is any problem for my friend’s second life and will it affect her life now?  Please help us with your input.



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 1 Replies

Tajobsindia (Senior Partner )     31 October 2014

@ Author,

 

1. As per the Modern Indian Family Laws which started evolving since the mid-1990's, the Indian Courts are demonstrating that they can handle the complex law of second marriage solemnization during pending appeal with compassion and an eye to the needs of the women and children, but they still have a soft spot for the Hindu polygamist faced with jail sentence. 


2. If first wife appeal is allowed, which means that couple were still married. But what about the fact that the husband has already married another woman after trial Court had granted him a degree of divorce? But the first marriage could not be possibly be resuscitated at this late stage? Having said so, I feel held back by making a comment 'do we feel here a case of court - induced polygamy!'. 

 

3. To answer above question of Law one needs to read down more facts, such as 'on what ground trial court granted husband divorce ?'. Then applying case laws and evolving views of Indian Courts I can then reasonably say that though first marriage could not be possibly be resuscitated at this late stage but with compassion and an eye to the needs of the first wife some 'compensation' payment will meet end to justice.   

 

Hence choice is yours to dig your female married friend (his second wife) to share with the forum 'on what ground trial court granted her husband divorce ?' [details from his divorce judgment should be copied here if you feel like otherwise wait for Appeal Court to announce a Judgment - view], so that following para 3 could end embarrassments to all three parties if first wife appeal ever succeeds is my take on your question of Law.  

 

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