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All is NOT well (Harrased by Biased Laws)     04 June 2014

Appeal after divorce

Dear Ld. Members,

 

Husband got divorce on the grounds of wife Cruelity by Lower Court. wife goes to High court against the orders, but husband didn't get notice of the court till 3 months (after Divorce Orders).

 

So is it legal if husband can remarry in this case, since he didn't get notice of appeal till 3 months (Appeal Period).

 

Expert Legal Advise needed.

 

Thanks



 6 Replies

Adv. Chandrasekhar (Advocate)     04 June 2014

If you want to go about it honestly, then you find out the fate of her appeal in high court and if it is dismissed, even then you have to wait for 90 days more the date of dismissal, as she has got a right to go to Supreme Court unde SLP.  If you do not want to display such honesty, and if you have not received any notice from any court, you can go for next marriage 90 days or near aout 95 to 100 days (leaving the days for preparation of certified copies) from the date of decree.  It is expected that the party against whom divorce decree is passed to serve legal notice on the opposite party informing his/her intention of going to an appeal.  In the absence of receipt of such notice or any other notice from any quarter, the decree holder  can lie down on flower decked bed after the expiry of appellate period, i.e., 90 days.

Laxmi Kant Joshi (Advocate )     04 June 2014

Very well advised by Mr. Chandershekhar sir , if you didn't receive any legal notice by the other party that she is going to appeal against the decree passed by the lower court or if you didn't get any notice/summons from high court and the limitation period i.e 90 days also crossed then you can remarry .

T. Kalaiselvan, Advocate (Advocate)     05 June 2014

Very properly opined by Advocate Mr.Chandrasekar, I endorse his views.  As a caution, the wife should have issued a legal notice to you about her intention to prefer an appeal against the impugned judgment, since you have neither been served any notice from her or from the court and as the appellate period without delay has already crossed over, you may go ahead, but ensure the status of the appeal before getting married once again.

Adv k . mahesh (advocate)     05 June 2014

waited for such long time and got divorce why not wait another 100 days and also in mean time enquire about the appeal status from the high court enquiry and if appeal is dismissed why it was dismissed note and prepare for your next marriage

All is NOT well (Harrased by Biased Laws)     05 June 2014

Thanks for the Reply.

can after remarry the appeal stili persist in high court or can the court orders for maintenance u/s 24 or permanent alimony ?

T. Kalaiselvan, Advocate (Advocate)     06 June 2014

While you confirm to know that there is an appeal pending before the high court, it is better to avoid re-marriage to avoid the legal implications.  After divorce case has been decided, she will be entitled for permanent alimony only and not interim maintenance.


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