is second marraige valid

dec17 (Querist) 06 January 2011 This query is : Resolved
HUSBAND OBTAINED EXPARTEE DIVORCE BY MISLEADEING THE COURT AND WIFE. BY SENDING NOTICES TO VACATE HOUSE OF WIFE . AND MARRIED TO ANOTHER WOMEN WIFE CAME TO KNOW THIS FRAUD AFTER ONE YEAR AND SET ASIDE THE PETITION AND RUNNING CASE ON MAIN O.P OF DIVORCE IS THE SECOND MARRAIGE IS VALID

IT WAS HAPPENED WITHOUT CONCERN OF FIRSTWIFE

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Khaleel Ahmed Mohammed (Expert) 06 January 2011
Query is not clear. If husband has exparte decree , his second marriage stands valid.

Advocate. Arunagiri (Expert) 06 January 2011
After how many months the second marriage held?

After how many months the set aside petition filed?

Gulshan Tanwar (Expert) 06 January 2011
query should be clear.

adv. rajeev ( rajoo ) (Expert) 07 January 2011
If the divorce case is already allowed ex-pare then second marriage is valid. Wife now can also challenge the order of the court in the High Court.

G. ARAVINTHAN (Expert) 07 January 2011
If the marriage is before the exparte decree, then it is void

Amit Minocha (Expert) 07 January 2011
Any decree obtained by fraud is reversible. File an appeal along with application for condonation of delay assigning reason. Also make the II wife a party to it and incase the decree is reversed, the II marriage automatically gets null and void. Also file a criminal complaint u/s 340 CRPC against the Husband in the same Court from where he obtained the Decree.

Srinath Kondapally (Expert) 12 January 2011
in such circumstances, 2nd marriage is valid.

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