Divorce and Restitution of cojucal rights

R N Thiruneelakanden (Querist) 30 July 2009 This query is : Resolved
Husband filed divorce petition before a court and it was allowed in exparty. Wife also filed a petition for restitution of conjucal rights before another court and it is pending in a couselling stage before beginning of trial. whether husband can remarry another women.

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Shashwat Shukla (Expert) 30 July 2009
No it is not possible. Ex-parte order may be recalled. But I want to know one thing that why wife did not appear in divorce case while she has already filed petition under Sec. 9 of HM act?

R N Thiruneelakanden (Querist) 30 July 2009
If the divorce petition was allowed after condcuting full trial. what will be the status of petition for restitution of conjucal rights pending before another court.

PALNITKAR V.V. (Expert) 30 July 2009
If the divorce decree has become final either exparte or after full trial, then the husband can remarry. The petition for restitution of conjugal rights would become infructious.

Amarjeet yadav (Expert) 30 July 2009
I agree with mr. Palnitkar the petition for conjugal rights would become infructous

Kiran Kumar (Expert) 30 July 2009
well Mr. Palnitkar is very much right as usual.

but Mr. R N what is ur exact query?

if possible state out the true facts a more precise reply can be given.

R N Thiruneelakanden (Querist) 30 July 2009
In a particular court husband filed divorce petition and this petition was allowed by just examination of petitioner and he was not cross examined due to the reason of non appearance of advocate and the respondent wife. in another court wife's petition for restitution of conjucal rights is pending in counselling stage. Can the husband marry another wife at this stage.

Manish Raghav (Expert) 30 July 2009
As per my knowledge if husband has the decree from the competent court he can definitely remarry once the time of filling the appeal before appellate Court against that decree expires.

Sarvesh Kumar Sharma Advocate (Expert) 30 July 2009
the judment allowed in exparty and you execute the decree then remarrige allow.

Kiran Kumar (Expert) 31 July 2009
Sir g if the decree has attained the finality then certainly he can.

if the statutory period provided for moving an application for setting aside the ex-parte decree or as provided for appeal has expired and no such remedy has been resorted to then certainly the husband can remarry.

one more thing THE HUSBAND CAN NOT MARRY ANOTHER WIFE (as u put in) he can marry another female (may be divorced) and she must not be having a living spouse at the time of her marriage.

charudureja (Expert) 31 July 2009
i agree with Mr. Kiran. after the time for filing the appeal is over husband is free to marry second time.

M. PIRAVI PERUMAL (Expert) 31 July 2009
When both the cases are pending . . why the same was not informed to the Court by both sides . . if so, the Court would have conducted a joint trial.. . something fishy . .