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shriks........... (healyhcare)     08 June 2013

Divorce ex partee can remarry??

1. next week divorce by husband , judgement stage going ex-partee in session court.

2. rcr pending filed by wife in family court both cases running parellel since a decree passed yet for rcr

3. 125crpc stage cross examination of wife .

4. query:-      if  after judgement, husband remarries within 1month or 3months(90days - appeal period)
without knowledge of wife, is it punishabe???? or prosecutable???????
5. if yes, jail term or compensation/ settlement/ lump-sum alimony to first wife or cancellation of second wife claiming her to be a concubine would be justified????????


 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 June 2013

After divorce husvand can marry another woman.

shriks........... (healyhcare)     08 June 2013

1. i like the way you replied @ adv rajoo, but the hidden facts remained it a stratergic answer or 
2. nobody wants to talk over it.......i mean can it be done??????

HIRAL THAKKAR (ADVOCATE )     08 June 2013

If mutual consent divorce is granted exparte, it will be termed as divoce, however chanses of appeal only if you fail to prove the non presence of the wife.



shriks........... (healyhcare)     08 June 2013

1. Day 1 :-wife appeared after serving notice but no say,no cross and now judgement left, we both are in same town but diffrent places

2.ex partee judgement should be passed as she not defending but her lawyer keeping a watch but not appearing
3. question still not answered......point is about re mairrage in a month  and status of 2nd wife 

Prashant Ghai (Advocate) (     08 June 2013

One can marry again after 6 months from the date of divorce decree. If the divorce is granted ex-parte, then the RCR will have to go with it as well.

HIRAL THAKKAR (ADVOCATE )     08 June 2013

Wife after signing for mutual consent divorce petition in the presence of her lawyer is a free consent and if the court is inclined to grant divorce without the presence of wife but apprearenc of her advocate she thereafter cannot refuse her consent.


there is no such thing as ex-parte divorce or divorce in absentia of other party in case of divorce by mutual consent, either both parties appear for two motions and if either of them refuse or avoid to do so the Petition is dismissed.


You need to prove to benefit of the court that the proceedings are signed out of the wifes free will and consent. Chances of dismissal are more and if granted divorce after six months and still no apprearence then divorce is absolute, you can thereafter remarry.



santhosh.g. (advocate)     08 June 2013

 if divorce petition is decreed as expartee- 30 days to set aside the decree can be filed, after 30 days the parties can re marry without giving any notice to other party. it is a valid marriage. there is no offence to punnish the party who entires marriage after 30 days. 125 proceedings is a separate proceeding the punishment is only possible it the husband failed to pay the mainanance as ordered and if it cannot be recoverd by attaching his movable or immovable property. Claming alimony is  eventhough a part of the divorce procedings it is purly a civil remady. arrest of the judgement debtor is according to C.p.C ONLY

shriks........... (healyhcare)     08 June 2013

thanks @santosh ......a satisfactory reply....., SET ASIDE PERIOD  duration of 30 days extended to 90 should be strictly followed .....

2.what if set aside notice remains undelivered to appealant in whos favour divorce granted and he Remarries????

shriks........... (healyhcare)     09 June 2013

plz advice                                                                                                                                                                                                                 ...........................................

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