Divorce and Remarriage
Querist :
Anonymous
(Querist) 04 May 2011
This query is : Resolved
I got divorce order on 1 Dec 2010,I applied for certified copy on 7 Dec 2010,and i got the same on 24 Jan 2011,I had been fighting for this divorce since 2005.As informed by my lawyer the appeal period commenced from 7 Dec 2010 and ended on 10 Mar 2011, accordingly,my second marriage is fixed for 29 May 2011, now in the meanwhile, my ex husband has made an application of stay order in the high court on the judgement on 9 April 2011, and in the application it states that it is within the appeal period!!I appeared in high court,no where in the application there is a dispute about the divorce part of the judgement,since there is a joint property issue involved we agreed for the settlement,Now the problem is the next date given to us is on 16 June 2011 for settlement and file the minutes of consent terms as high court will be closed for one month vacation,I have following questions
1)Does my divorce decree holds true,since there is no order passed on the stay order.
2)Can i get married on 29 May 2011
3)Can i later fight for my rights on property
Please help, I am in great dilemma and do not wish to do anything out of the legal frame.
Devajyoti Barman
(Expert) 04 May 2011
1. In absence of the any order of Stay of the operation of the divorce decree any marriage after 30 days thereof would not be invalid.
2. Yes
3. Yes, obviously.
Querist :
Anonymous
(Querist) 04 May 2011
Thank you Sir, i have one more query , can my ex husband create any legal issues post this remarriage later.Or may be get the stay on the judgement
Devajyoti Barman
(Expert) 04 May 2011
Yes but after you get married that does not have any bearing on the marriage.
Querist :
Anonymous
(Querist) 06 May 2011
Hi,I had filed a 498 case on my husband, as there was a constant demand for dowry and materialistic goods in 2007, however till date i was have not received any summons from the court for cross.Need to know can i withdraw the case,if he goes for settlement on the property issues
