Exparte divorce.

Querist : Anonymous (Querist) 11 May 2010 This query is : Resolved
dear sir,
I have obtained divorce thru ex parte but i was informed by my lawyer later that it was obtained on false grounds.I now hold a decree of divorce.On the basis of this decree i re-married with another lady after 30 days of my divorce. Now my ex wife has filed a case to set aside the divorce and has also asked for maintenance. my query is:
1. if she proves that the divorce was obtained on false grounds will my current marriage be declared null?
2. will the court not consider my current wife's situation?
3 can i be booked under fraud? if yes then what are the consequences of the situation i am in right now?
Kindly help me.....

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Krishnamurthy Ramdas Iyer (Expert) 11 May 2010
how did your lawyer obtain it on false grounds without your knowledge?
1)yes it will be null and void
2)no
3)for providing false information

Virender Pankaj (Expert) 11 May 2010
I agree with the expert.

see also sec 15 of Hindu Marriage Act

15. 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.

Querist : Anonymous (Querist) 11 May 2010
thank you very much Mr.krishnamurthy sir as well as mr.Virender sir,
Kind sir if i may ask,
1.does this mean that if the court agrees in my ex-wife's favor and the divorce stands canceled can my ex wife come back into my life. i would like to bring to your notice that i married after 30 days of the passing of the decree of divorce which as per my lawyer was the required time period and my ex wife got to know about the divorce after 6 months?
2.also please let me know that why has the court agreed to give her a good amount in the name of maintenance if she has appealed against the divorce.
3.Will the court not sympathize with my current wife as she has not part to play in this whole issue and is therefore an innocent victim...will she not be considered married to me.
kindly help im thoroughly confused.

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