offer
offer

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gaurav (consultant)     27 June 2013

Can one remarry when contested divorce is challenged?

Hi Experts,

  

Wife filed divorce in lower court which is contested by husband but eventually he lost. Husband challenges this order in high court immediately the very next day. My question is:

   

1) Is such appeal rejected by High Court Normally? If husband do not want divorce and want to take her back and has not done any cruelty then should not he appeal in High Court (and then in Supreme Court). What is the trend ? Do they accept husband's petition (to challenge divorce decree granted by lower court) in divorce filed (and evetually won by wife) by wife? Do husband need to show proof that he has not done any cruelty while challenging her divorce decree ni high court?

    

2) If husband's appeals against her divorce and that is accepted by High Court then can wife re-marry? If she remarries then is it a crime and will her re-marriage be void?



 14 Replies


(Guest)

Is it you who wants to marry.


or 


Is it your wife who wants to marry?


(Guest)

@Querist,

 

Reply Query-wise-

 

1.Yes,you can very much appeal to the high court to set-aside the order of the lower-court.Cases are always fought on merit.

 

2.Unless,the path to appeal closes in respect of any of the parties in context of re-marriage,none can move forward towards re-marriage.If either of the parties goes against this notion,such marriages shall be considered void.

 

If the court has passed an injunction order to either of the parties not to marry before the case is fully heard,and if either of the parties voilates such injunction order,such party may be held guilty of Contempt of Court.

 

Further...{Only if a genuine need arises thereof}

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regard,

 

 

Gaurav (consultant)     27 June 2013

Originally posted by : Helping Hand !

Is it you who wants to marry.




or 




Is it your wife who wants to marry?

  

My wife.

Re-phrasing my question (although already being answered by  newS_Know):

  1. Wife file contested divorce in lower court.
  2. Husband opposes it but unfortunately due to biased lower court judges, he looses and wife gets divorce decree.
  3. Husband immediately challenge that divorce decree in High court, the very next day (when she rewarded divorce decree from lower court). Will husban's appeal in HC be accepted? What is the normal trend. Will HC consider women as abla-naari and rejects husband's appeal?
  4. If husband's appeal  (of challenging divorce decree) is accpeted in HC then can she remarry (and contest HC divorce at same time)? 
  5. How much time GENERALLY a divorce cases (filed by wife) runs in lower court (let say under speedy trial)

Please answer as my wife is asking me to opt for MCD and pay her 25 lakhs. I have been threatened that if I do not agree to her demands then she will file contested divorce. My concern is that how easy for her to run away from a marriage with her boyfriend? I do not want divorce. MCD is last option for me  but cannot pay 25 lakhs. 

anil yadav (ns)     27 June 2013

Aap MCD kyo chahte ho jab divorce ho chuka h to aaram se dusri shaadi kro.ab kya aap ko koi paisa dena pada h contested divorce me

ktkaran (maanger)     27 June 2013

Yahan duniya divorce milte hi Bhagwan ka shukriya ada karti hai ,agar divorce nahi dena tha then did u file RCR

Gaurav (consultant)     27 June 2013

No RCR can force her to stay with me.

Can I get sensible answers?

Experts. Please?

Adv Archana Deshmukh (Practicing Advocate)     27 June 2013

If the appeal against the divorce decree is pending in the HC, then your wife cannot remarry till the decision of the appeal. If the appeal is decided in your favor then, your marriage will remain intact and no question of remarriage by your wife.  It will amount to bigamy. The wife cannot be forced to live with you by an RCR decree. There is no need to go for MCD when already divorce is granted. You can simply withdraw your appeal.

Ranee....... (NA)     27 June 2013

if you don't want divorce then why you think MCD is your last option? Do u knw MCD means Mutual Consent Divorce?

Shyam (Field Supervisor)     27 June 2013

Normal trend is: High Court will accept the appeal. But there is a very slim chance that High Court will go against the lower court verdict unless there was a gross procedural lapse by the lower court. Normal trend in India now is to grant divorce whoever (husband or wife) wants it. 

Both Indian Govt and Judiciary have adopted a pro-divorce policy on the principle that it is unfair to force an unwilling person to live a broken family life.

Highcourt will rather take a closer look into alimony matter.

Remarriage rule is like this:

If the HC accepts the appeal and notice is served to the opposite party (wife here) within 90 days from lower court judgment, wife can not remarry. If the appeal is accepted, she can not remarry as long as case is pending in HC. After the HC judgement comes out, she will have to wait for another 90 days which is the appeal period for Supreme court.

Gaurav (consultant)     27 June 2013

Originally posted by : Shyam

Normal trend in India now is to grant divorce whoever (husband or wife) wants it. 

Both Indian Govt and Judiciary have adopted a pro-divorce policy on the principle that it is unfair to force an unwilling person to live a broken family life.

Highcourt will rather take a closer look into alimony matter.
 

  

Shyam,

That is disheartening !

AFAIK, contested divorce  (filed by any party) takes years to conclude.

If possible, can you please reconfirm your point once again with factual data?

thnx by advance.

Shyam (Field Supervisor)     27 June 2013

Typically HC will take 6 months to 2 yrs to dispose the case. Supreme Court generally does not accept matrimonial appeals unless there is a strong reason to do so. You can delay her remarriage by 1-2 yrs by going to HC. But, if she fights her case well, there is a good chance that HC will increase the alimony. Generally, Judges see well thr' the scheme that one party who is contesting against divorce in HC, basically wants to harass the other party. There are very few cases when couple wants to go back to their spouse after fighting cases for several years in lower court.

newwave   27 February 2019

Adv Ma'am,  I know it's a 5 year old thread,  but I got a question for you regarding remarriage after the appeal is filed within the limitation period.  Is remarriage possible if stay (suspension of the decree/order) is not granted?  I think you have answered the OP without considering if stay is granted or not.  Please enlighten on this when you get a chance.  Thanks!

newwave   27 February 2019

Sir,

I think the remarriage rule that you mentioned does not talk about the stay (or suspension) of the decree.  If stay is not granted then the appeal becomes infructuous, right?

Thanks.

Krishna Reddy (Advocate)     02 April 2019

Originally posted by : newwave
Sir,

I think the remarriage rule that you mentioned does not talk about the stay (or suspension) of the decree.  If stay is not granted then the appeal becomes infructuous, right?

Thanks.

Stay is not required. Appeal will still be valid.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query