Remarriage after appeal period expire

Field Supervisor

I got remarried immediately after 90 days after HC judgment in my favour. Ex wife filed petition in SC after 30 days after expiring appeal period. She is asking for ex-party  stay. I have not received any notice.

What will happen to my second marriage if she gets stay? Can she get stay ex party?

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

No,as you have married after 90 days of getting HC judgement,then there is no question of stay aside order.She failed to appeal and give notice within such time period.

 
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Senior Partner

Originally posted by : Sufferer
  No,as you have married after 90 days of getting HC judgement,then there is no question of stay aside order.She failed to appeal and give notice within such time period.  

 

1.    I completely differ to the opinion of @ Sufferer which is not what the Law of Appeal says.

2.    The Appeal after 90 days can also be filed showing delay with delay condonation application showing ‘reasonable cause’ of filing delay to Appeal Hon’ble HC. If allowed then Notice is issued to ex husband to defend the same.

3.    It is not that the Notice of Appeal to the defendant husband should be sent / received within 90 days.

4.    If the Appeal is filed within Limitation period which is 90 days and if the trial court granted Decree is reversed in Appeal then the second marriage becomes void.  


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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

Dear Tajob I agree with your point-1 & 2 what you have stated above as according to limitation act 1963 sec-5.

 

According to sec -5 ,Extension of prescribed period in certain cases. Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908 ), may be admitted after the prescribed period if the appellant or

 

the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.


But here my prime concern is that the querist has not mentioned the reason which her ex wife had mentioned in her application,whether that is accepted by SC or not?

Here he simply mentioned that he married after 90 days of HC judgement and wife failed to stay aside the HC order in such stipulated period.Hence,my opinion was based on the half facts and circumstances put by the querist.

If her wife gives acceptable reasons beyond any doubts that why she was unable to put the appeal within the appelant period,then SC may held the HC decision to put aside.

But,here again question arises if a person who is married and SC gives set aside his marriage then how come his marriage be called as void?So,I differ from your point-3 & 4

As he had performed the marriage with legally correct concerned after 90 days till no orders had come for the restrain.Here the technicalities of Indian judiciary be called as for No fault default or all fingers will go on her ex wife who did not turned up well ahead.


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Field Supervisor

Thanks Tajob and Sufferer,

In fact I have no information what she wrote in application. Only from SC web page I came to know that an appeal has been listed.

I have not received any notice. She has asked for Ex-parte Stay.

My question is,

1. does listing the appeal mean it has already been accepted? Or it will be decided on first hearing?

2. Should I wait for notice to come to me, or should I engage a lawyer immediately to defend myself. 

3. Because I remarried following all legal procedures (beyond 90 days), is there any remote possibilities that HC order might be reversed? I won both in Familiy Court and HC.

 
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law officer

if she has not appealed within 90 days and if she has not notified you about her intention to appeal by the time of your second marriage, your second marriage is completely valid.  Even though, after first hearing, on merits the court may issue notice to you, if you appear on the date of your hearing with documentary proof that you got married again after the 90 days mandatory stipulated period, the court would dismiss her case.


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Worker

this may help



Attached File : 924716339 lata vs vilas on 20 february, 1987.pdf downloaded 107 times
 
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Worker

her appeal is infructuous


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Advocate/ nadeemqureshi1@gmail.com

agree with experts

 
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Field Supervisor

Hi Amit,

I could not download from the link that you mentioned. Everytime it is showing some error..

 
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