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ASHOK (trainer)     05 December 2019

Remarriage during the pendency of the appeal

My marriage was declared null and void with a lady whose marriage is still subsisting. She first got married in June2003 , they took notary divorce in Feb2004. She got remarried to me in March 2004. I filed a case under sec 11 of HMA for nullity of marriage in Nov 2012, got decree of nullity in Aug 2015. She filed Appeal in Sep 2015 and is till pending till now 2019. there is no stay on the decree. Can I remarry? what judgements support me ?

Read more at: https://www.lawyersclubindia.com/forum/Re-marriage-during-the-pendency-of-appeal-u-s11of-hma-191700.asp
 



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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     06 December 2019

Dear Mr. Ashok,

You cannot remarry till disposal of appeal. 

Regards,

 

Shashi Dhara   06 December 2019

Notary divorce is invalid.so contact your advocate and take his opinion.

Dr J C Vashista (Advocate)     07 December 2019

Who has advised for a notary divorce ? It is invalid, consequently marriage is subsisting.

If re-married, it is bigamy.

Seek advise of  another local prudent lawyer with full case file for better appreciation of facts/documents, guidance and proceeding if you are not satisfied with the performance of your lawyer.

ASHOK (trainer)     01 January 2021

Thanks a lot Sir for your pragmatic advice. I am benefitted by your guidance 


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