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PradeepKarge (Engg)     03 August 2009

Ex parte Divorce

Me and my wife have been seperated for the last 6 years. Further to this i applied for a Ex parte divorce and i will be granted in the next two months time.

I would like to know if I could proceed for a remarriage with anyother lady. Would there be any complications for which I would be prepared for.

My wife has applied for an illegal passport and settled abroad stating that she is unmarried.

Pls advise.



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 20 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     03 August 2009

Your wife has applied for an illegal passport and settled abroad stating that she is unmarried that is other thing, you can complaint for that and she will punished for that.

but without taking a divorce decree another marriage is a crime under sec.-494 i.p.c.

so, be careful and take it seriously. 

1 Like

PradeepKarge (Engg)     03 August 2009

How long would it take to get a divorce decree after Judgement.

Can i marry after  getting the divorce decree.

If at a later stage if my wife comes with an appeal, will my second marriage be nullified.

Pls advise.

Sarvesh Kumar Sharma Advocate (Advocacy)     03 August 2009

within thirty days.

Sarvesh Kumar Sharma Advocate (Advocacy)     03 August 2009

after find a decree from a court if you done second marriage then it is quite impossible to allow appeal and cancil the decree because circumstances has been changed.

1 Like

PradeepKarge (Engg)     03 August 2009

So does it mean that the respondent (1st wife) cannot contest or appeal for nullifying my second marriage. And i can live a hassle free married life.

Can she appeal for maintenance as we have a 5 year old son?

Sarvesh Kumar Sharma Advocate (Advocacy)     03 August 2009

no, it's doesn't mean that she can not appeal for that but due to the circustances appeal has no velue.

yes, maintenance is yr part.

1 Like

PradeepKarge (Engg)     03 August 2009

After getting divorce decree, should i wait for some period to get married.

what more precautions should i take before getting married.

Pls advise.

Sarvesh Kumar Sharma Advocate (Advocacy)     03 August 2009

i think better u to contect me on my cell tomarrow 10 am - 11 am.

good night.

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 August 2009

 you need to wait for 3 months from the date of decree. an exparte divorce can be setaside with the order of the court. Your wife can have right to file such application in the event from the date of knowledge..

 

PradeepKarge (Engg)     03 August 2009

If my wife can set aside the decree at any point of time then, what is the use of awarding Ex parte divorce and divorce decree. Does that mean that one cannot marry after an Exparte divorce.

Pls advise under what circumstances can i proceed for a second marriage.

Sarvesh Kumar Sharma Advocate (Advocacy)     03 August 2009

Hello pradeep,

when you execute yr decree then hwo she can set aside?

Deepak Jain, Hisar (Practicing Lawyer)     03 August 2009

Mr. Pardeep….after getting the Ex-Partee Divorce Decree…Suggesting Your that the Judgement of Decree of the court be sent to your wife through your adovocate in the shape of Information so that the date of knowledge about the knowledge of Decree can be start/established….there after u should perform new marriage after expiry of thirty days because in that thirty days she can apply in court to get it setaside the expartee proceedings or can file appeal against that J&D.

 


Attached File : 20 expartee divorce.doc downloaded: 199 times
1 Like

PradeepKarge (Engg)     03 August 2009

Hello Sarvesh & Deepak,

Thank you for your valuable suggestion.

So after 30 days of divorce decree if she does not respond, then i can go ahead and marry. Further to this, she cannot do anything to nullify my second marriage.

Should i appeal to the court for my second marriage and get approval for safety reasons. Pls confirm.

Pls correct me if I am wrong.

PradeepKarge (Engg)     03 August 2009


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