I got married in 2003 as per the HMA and with in month of marriage my husband got negative attitude towards me and I was sent back to my parents house. In 2005 ,my husband filed divorce case under sec13(1)(ia) and through the judgement on 19-4-2008 divorce was granted. Later , I appealed in the high court on 8-7-2008 and appeal came to be allowed on 17-09-2009.My husband preferred special leave petition before the supreme court which was dismissed. I had filed the appeal in the Hon`ble High court providing the certified copy of the impugned judgement and decree, which was issued to me on 19.6.2008(applied on19-6-2008. I was under the impression that my advocate in the trial court had not obtained the certified copy of the judgement and decree earlier as after the passing of the judgement ,I was not able to meet my advocate as he was not available on all the occasions, which I tried to meet him .High court had admitted condoning the delay. But during the proceedings of the case in Hon`ble High court , My advocate in the trial court gave the certified copy on 31-1-2009, which he had applied on 22-4-2008 and he had received the same on 20-6-2008. I submitted an application under section 151 of civil code procedure along with affidavit accompanied by the certified copy of judgment obtained from my advocate in the trial court in the Hon`ble High court on 2-2-2009 stating my appeal was in time and is not barred from limitation and praying the Hon`ble High court to pass order for taking the certified copy . However my affidavit was rejected stating that the matter was already posted for judgement.
However during the proceedings of the court in the High court,my husband admitted that he got r got married again on 26.07.2008.All this while he has been living with his second wife. In 2015, I decided to seek divorce as there seem to be no remedy for my problem and I had moved on and I approached my husband who refused to do anything. I filed a bigamy suit in the year end of 2015, which has been dismissed saying that he has married after the appeal period of 30 days of judgement and I had filed the case after 88 days of judgement.
My question is if second marriage is valid ,what is my status? Am I still wife?
What is the remedy to my problem? Can I seek divorce and take exparty decision as he is not going to come? should I take in the first place if she is also wife?.
In the supreme court my husband had appealed that after the decree of divorce ,he had remarried after the 30 days of appeal period since there was no appeal and hence should be granted divorce. I had challenged that my appeal was well with in time. Supreme court had dismissed the case. When such is the matter, how can my plea for bigamy be dismissed. Does nt it violate res judicata.
If both high court and supreme court decide that there is no grounds for my divorece, why should I suffer because of the decision of the trial court? Had the trial court had not given divorce then he could not have remarried.
How many days is the appeal period? Is it 30 days or 90 days. Is family court not obliged to HMA ?Even when there is amendment for this appeal period, why this confusion of 30 or 90 days? Is it calculated from the day of judgement to filing the case or the number of days required to get the certified copy is deducted from the days elapsed between the judgment and the next appeal?
Lastly, why there is no punishment for wrong judgement?
Victor without no country.
