Rights of wife in second marriage

Dheepasrinivasan (Querist) 01 August 2021 This query is : Resolved
Hello Sirs,

I get married in the year Mar 2019 with my husband after he get divorce under exparte divorce decree in the year May 2018. We registered our marriage and we have marriage certificate too. Out of this wedlock, I delivered a baby boy.

In between, Ex-wife of my husband filed FIR saying its a illegal marriage. We filed our documents to the respective police stations and cameout of that issue.

Now, after the birth of my son, she is filing case for set aside saying she didnot get any notices from court for divorce case. She is asking condonation of delay for 150days of delay after her knowledge of exparte divorce.

But she know very well about our marriage. Infact, she gave a written complaint in police station that her husband is sending her mssages stating he is getting married.

She is claiming she knows about divorce only 150days before filing the set asidfe case. But we have a police compliant copy stating she s getting mesdsages from her husband that he is getting married.

She is a mother of a son too.

Please suggest me how to handle this case and what are all the areas needs to be focused to protect my and my sons interest.

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Quick Summary

This discussion addresses the legal rights of a wife in a second marriage, particularly when the husband's previous divorce was ex-parte. The wife in this scenario has a registered marriage certificate and a child from her current marriage. Her husband's ex-wife has filed an FIR alleging an illegal marriage and is now seeking to set aside the divorce decree, claiming she was unaware of the proceedings. The advice suggests focusing on the ex-wife's prior knowledge of the second marriage, evidenced by a police complaint, and for the husband to strongly contest the set-aside petition.

SHIRISH PAWAR, 7738990900 (Expert) 01 August 2021
Hello,

Let her file case against your husband. You have a good defence to defend and fight out case.

Advocate Bhartesh goyal (Expert) 02 August 2021
If she file ex-parte drcree set aside petition then your husband has to contest and oppose it seriously,she has least chances.

Dr J C Vashista (Expert) 02 August 2021
It is just a complaint before police, which can not be sorted out by police being "out" of their jurisdiction.

Wait for further legal action and contest it through a local prudent lawyer.

Shashikant V. Patil (Expert) 02 August 2021
No worry, let your husband contest strongly and vehemently . Chances are dim to first Ex-wife.

P. Venu (Expert) 02 August 2021
What is the ground urged in the restoration petition? How is the delay explained in seeking condonation?

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