Re-Marriage

Querist : Anonymous (Querist) 15 January 2011 This query is : Resolved
My client is the husband got divorce on the ground desertion. Now he is getting ready for second marriage.

Wife through first marriage knowing this, has filed appeal with a delay of 120 days.

delay yet to be condoned.

What is his remedy?

Is the marriage during pendency of delay application is valid?

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Devajyoti Barman (Expert) 15 January 2011
Yes marriae after 30 days from the date of decree is valid unless after such 30 days and before the second marriage the court passes any order of stay of operation of the judgement and decree.

adv. rajeev ( rajoo ) (Expert) 16 January 2011
It is better to wait for an appeal to dispose. Contract your advocate he will suggest you the remedy.

Guest (Expert) 16 January 2011
the second marriage is valid. Also if the decree is set aside the second marriage will not become infructous.

N.K.Assumi (Expert) 16 January 2011
When a marriage is dissolved by a competent court and an appeal is filed beyond the time with a petition for condonation of delay, second marriage of the respondent during this interregnum is very much valid:Your case is goverened by the case of Rekha Vs Ravindra Kumar (1993) 2 DMC 331 MP.

Querist : Anonymous (Querist) 16 January 2011
Thanks Mr.N.K.Assumi

Kirti Kar Tripathi (Expert) 16 January 2011
i agree with Mr.N.K.Assumi. unless delay is not condoned, there is no appeal under the law.

Advocate. Arunagiri (Expert) 17 January 2011
I fully agree with Mr.Assumi. If the second marriage is held before the appeal is taken on file, the second marriage is valid and can not be declared as illegal.

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