Ex part divorce

This query is : Resolved 
 

Online (Querist)
05 February 2019

If some one getting ex part order from lower court, than how long to wait for second marriage ?
if spouse challenged the order than what is pros and cons for the same.


Suhail suhail (Expert)
06 February 2019

As you have divorce decree you can marry. However if your spouse challenged the decree and applied for its setting aside the same then you have to face the trail again in Divorce. However if your decree is set aside and afterwards the divorce petition is dismissed then you will have to face the situation with two wives,you have to maintain them both.
If you are eager to marry you can proceed ,but it is better to convey the divorce order upon your ex wife and face the sequences ,if you seek divorce on just grounds you will be obliged again by the court.

P. Venu Online (Expert)
06 February 2019

An appeal is a statutory remedy. If the relevant statute provides for the appeal, it is prudent to wait till the period provided for filing the appeal.

Dr J C VashistaOnline (Expert)
07 February 2019

Just wait for 90 days from the date of decree.

Arjav MehtaOnline (Querist)
11 February 2019

Thanks Experts,
I want to know one thing also that if affidavit of Ex parte order is 4th of Jan 2019, Honorable judge ok with affidevit and told him to presence evidence in next hearing for ex parte, evidence shown as on 16th of Jan 2019 but still awaited for exparte order in that case from which date ex parte order is counting..



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