ex parte divorce
anuuj
(Querist) 11 February 2010
This query is : Resolved
dear sir ,
i got married last year and marriage was there just for 13 days , later i came to know that she was a mental patience so filed a divorce case of annulment at bandra family court .they asked for transfer of case from mumbai to bhopal at supreme court but court had rejected the transfer petition .we came to know that our peption of divorce was recived by her so she had asked for transfer at supreme court.in 9 dates she or her lawyer didnt apper in the bandra court , court had ordered expartee decree divorce.
please advice me my next step , and when can i get married again after expartee order as well she can file any case against me at bhopal court after exparte decree.
anuuj
(Querist) 11 February 2010
waitng for your ans.
A V Vishal
(Expert) 11 February 2010
You have to wait for one month (30 DAYS) after the decree is passed ex-parte to get married again, if there is no appeal by the defendant.
Yamalapalli Haribob
(Expert) 11 February 2010
u have to wait for 1 month after passing of decree to went for marriage again,if there is no appeal.But in many cases s.c stated that it is better to go for marriage again after 1 year.
Parveen Kr. Aggarwal
(Expert) 11 February 2010
Section 15 of the Hindu Marriage Act, 1955
Divorced persons when may marry again.- When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a 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:
Provided that it shall not be lawful for the respective parties to marry again unless at the date of such marriage at least one year has elapsed from the date of the decree in the court of the first instance.
Raj Kumar Makkad
(Expert) 12 February 2010
After waiting 30 days, marry with another girl as per your wish and whims.
anuuj
(Querist) 13 February 2010
can she file any cases against me after i geting expartee order .And after geting order copy when should i send the documents , so that if she wants to go in appeal .what steps should i take later .
Parveen Kr. Aggarwal
(Expert) 13 February 2010
Yes. She has a remedy either to apply for setting aside the decree passed ex parte against her or to prefer an appeal against the Decree of divorce. You need not send any document to her. In case she filed an appeal, you will have to contest the appeal.
