Naga 10 August 2017

Ex-parte divorce and remarriage

My wife got an ex-parte divorce from a court in tamilnadu while we were separated, even before she got a ex-parte divorce i got married to my friend and well wisher. though my ex-wife got the ex-parte divorce she continue to spread rumours and create problems in my personal, family, job, etc wherever i go.

Now she got married to a person who is already married and he married my ex wife with divorcing his wife.

questions:

1.can i set aside the ex-parte divorce got by my ex wife?

2.Can i file a criminal case against the person who married my ex-wife?

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3 Replies

Adv Radhika Mehta (Advocate) 10 August 2017

Arent you already married to someone else? What are your bonafides whilst making the set-aside application? As you yourself are approaching the Court with unclean hands, the reliefs sought by you are bound to be rejected.

Azhagananth (Lawyer) 10 August 2017

"even before she got a ex-parte divorce i got married to my friend and well wisher"

You will penalized first for Bigamy.

Bigamy - the condition of having two wives or two husbands at the same time. A marriage in which one of the parties is already legally married is bigamous, void, and ground for annulment. The one who knowingly enters into a bigamous marriage is guilty of the crime of bigamy,

your Exwife has left you way to the new life, else you will be Penalised for Bigamy under I.P.C.

Advocate Bhartesh goyal (advocate) 10 August 2017

Why do you want to set aside ex parte decree ?if you file petition for setting aside ex parte decree then definitely you will be behind bar as you perfomed second marriage without getting divorce from your first wife and committed offence of Bigamy.so better keep mum and enjoy your married life with second wife.