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Alwin (PM)     12 May 2013

Remarriage

 

Is it possible for a party (either petitioner or respondent) to get married legally or any other way, if an appeal is proceeded in high court within the stipulated time against the judgement of family court which allowed divorce?  The case is still pending and High court did not stay the family court decision yet.  In case one party declared in court that he/she got married in between as a reason to dismiss the appeal, will it stand? 



Learning

 8 Replies

Tajobsindia (Senior Partner )     12 May 2013

1. No.
2. During appeal it is not advisable to re-marry if knowledge of the same is with parties irrespective if stay on card or not. 

MohammedRaffiq Bijapur (Advocate)     12 May 2013

Legally No

But any other way as u suggested Yes

Alwin (PM)     12 May 2013

 

As you said, If legally not possible, what will be the impact if such a marriage happened and the matter came before the high court while considering the appeal?  court treat it as an offence or consider it as a reason to dismiss the appeal since one of the party is moved ahead in life with another person?

Rahul Kapoor (Legal Enthusiast)     12 May 2013

That marraige will be void

Shyam (Field Supervisor)     13 May 2013

You can marry, there is no clear rule against it. Advisable ans safe route is not to marry. if the opponent report to the high court, judges will not be happy. If the man marries, judges can penalise him indirectly by increasing the alimony. If the woman marries, she will not get any alimony at all.

if the apeal against divorce succeeds, the second marriage will be void. If it fails, the marriage remains legal.

ANAMIKA VICHARE (LAWYER)     14 May 2013

If the party challenging the divorce gets remarried, the appeal shall naturally get infructuous....

Adv Anamika Vichare

9920764088

anamika_vichare@rediffmail.com

01-317-801-2323

usa mobile till 31st May

call in case of emergency only

DV Fighter (Service)     14 May 2013

Originally posted by : Shyam

You can marry, there is no clear rule against it. Advisable ans safe route is not to marry. if the opponent report to the high court, judges will not be happy. If the man marries, judges can penalise him indirectly by increasing the alimony. If the woman marries, she will not get any alimony at all.

if the apeal against divorce succeeds, the second marriage will be void. If it fails, the marriage remains legal.

As per my knowledge punishment will be for Bigamy & adultary.

Alwin (PM)     15 May 2013

 

If it is the respondent  (that too a government employee)  who got remarried, what could be the possible decesion from court?


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