Challenging an order

Querist : Anonymous (Querist) 09 September 2011 This query is : Resolved
My wife had filed a case of nullity against me in lower alleging my impotence. I contested the case and filed counter claim of divorce based on cruelty. After a long battle of 7 years, divorce decree has been granted in my favour in lower court.
1) How long must I wait for her to challenge the judgement in higher court before i can get married again?

2) Can she challenge this judgement in the high court of some other state or it has to be the same state as the lower court?

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prabhakar singh (Expert) 09 September 2011
1)The time prescribed for appeal is 30days as provided by section 28(4) "Every-appeal under this section shall be preferred within a
period of thirty days from the date of the decree or order." and provisions to remarry are given in section 15 of HMA" 15. Divorced persons when may marry again.
15. Divorced persons when may marry again. When a marriage has
been dissolved by a decree of divorce an either there is no right of
appeal against the decree or, if there is such right of appeal, the
time for appealing has expired without an appeal having been
presented, or an appeal has been presented but has been dismissed it
shall be lawful for either party to the marriage to marry again."

You may file a caveat so that you may get informed if appeal is filled within 90 days of your caveat.

2)It would be filled in the same state as to be the state where lower court is.