Marriage after divorce

PRADEEP SAMANT (Querist) 16 June 2011 This query is : Resolved
My Nephew got divorced after 3 years of separation and exparte.. Eevn after the divorce by court three years have been lapsed.. Can he go for remarraige and what precaution he need to take... What is his legal postion in the event that the divorced wife come back once again...?

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Jitendar Kumar gupta (Expert) 16 June 2011
yes he can marry after the period of appeal. before that he has to publish in some News paper regarding the Exparte Divorce he had taken 3 yrs .

R.R. KRISHNAA (Expert) 16 June 2011
Dear Pradeep

Your friend can now remarry as the limitation period for challenging the exparte divorce obtained by your friend is over.

Best regards

Devajyoti Barman (Expert) 16 June 2011
Yes, he can very safely marry again. If his wife comes back then her status is nothing like but a stranger.

PRADEEP SAMANT (Querist) 16 June 2011
What is the limitation period for exparte ?

prabhakar singh (Expert) 16 June 2011
The limitation period for setting aside a decree passed ex parte is 30days from the date of its knowledge to the party against whom it was passed.Furthermore,the court has also powers to condone delay, if any,u/s 5 of Limitation Act,on showing reasonable causes of delay.In practice,often party seeking set aside of ex parte decree take ground of non service of summons of court, if not served personally.
There is no bar in law if one marries after a decree of divorce either passed on merit or exparte after the expiry of limitation period of appeal or application for setting aside the ex parte decree,as the case may be.
Moreover if one has married after divorce then a right to third party is created,and if the respondent party comes before court to get the ex parte decree set aside,after decree holder has remarried,many unforeseen situations may emerge.
So it may be quite safe if the decree holder publishes the factum of ex party decree in official gazette after the period of limitation has expired,then knowledge of factum of that decree becomes final and indisputable because of the legal presumption raised about the official gazette.
IT is not a condition precedent to a remarriage but certainly an orderly way to do things properly.

PALNITKAR V.V. (Expert) 18 June 2011
Mr Prabhakar Singh has elaborated the point very nicely. I have experienced the things Mr. Prabhakar has mentioned here.