Mahesh Kumar (Proprietor) 23 July 2014

Regarding divorce and re-marriage

Its a query of Re-marriage.

I have found a match and she is awaiting divorce in the court. She has a child too.

The case filed by her is ex-party case as her husband is not responding and is not available. The court has taken all procedures as such:

1. Summons (Got Returned)

2. Paper Ad (Even after Paper Ad, her husband didnt appear)

In such a case if the lady gets the ex-party divorce, and if I marry that lady, does her ex-hubby will have an option to appeal in the higher court as he wasnt heard due to unavailability.

History abt his Husband: He made losses in business and fled away.

Kindly advice what procedures to be taken or due diligence to be taken for future happiness.

Awaiting for response

Reply Follow

6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 July 2014

Dear,

If the court hear the lady properly and then pass the divorce, then no matter what if he comes back and challenge the divorce decree, it could not be set aside. Otherwise, as well there is provision to set aside the divorce decree within particular period, for ready reference the said provision is reproduced as under:

Section 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.

Last but not the least, it the subjective satisfaction of the concerned court to see whether the husband had enough opportunity to present the case effectively, and it was his fault not to come forward.

Advocate Kapil Chandna

9899011450

Adv k . mahesh (advocate) 23 July 2014

above explained very well no more to add

Mahesh Kumar (Proprietor) 23 July 2014

Thank you very much sir

gautam (not disclosed) 24 July 2014

there is a cooling period and one needs to wait till the cooling period is over, till that time if the appeal (even if it is done) is admitted in court and you have been informed, divorcee cannot remarry.