exparte decree setaside
vincent gomez
(Querist) 16 February 2010
This query is : Resolved
A(2nd wife married under HMA), B(husband)got exparte divorce decree in the year 2009 by A, with no demand or charges against B, only ground of divorce that B was married earlier and had a living wife. B did not contest, and kept away from contesting the case, and in the end B got exparte divorce decree. In the meanwhile A got married with a new husband. B intends to get married in 2010 also, now the Question:-
1. Is this marriage of B is valid and legal, if B gets married in court of law and in society.
2. Can A set aside the decree obtained by court of law against B, to harass B at any point of time in future by A or A's assigns.
3. B has not seen nor heard about B's first married wife for over fourteen years or more.
4. Can B knock at the court of law's door to obtain divorce from B's first married wife even though B has not seen or heard from his first married wife for more than fourteen years or more, inspite of ceaseless effort to find or see B's first married wife. But rumours around are that B's first married wife is alive and around but avoiding B as she has left B about 14 years back due to reason best know to her.
My learned friend's reply is more than welcome to my other friends, so please help.
Raj Kumar Makkad
(Expert) 16 February 2010
1. Yes.
2. As the decree against B has been passed in favour of A so no question arises to re-opening of the case on the part of A. B could have done but he is re-marrying so no one has got any opportunity to get the decree set-aside in the given facts.
3. This just an information and not a quarry so no comments.
4. Yes. Legally she is still wife of B so it is in the interest of B to obtain a decree of divorce from her otherwise it can create various problems for him in future.
Kumar Thadhani
(Expert) 17 February 2010
YES EXPERT MR. MAKKAD IS RIGHT IN THIS QUERY.
