cpc

is slp an appeal?


Is SLP an appeal? If not then can a person who has received a divorce (ex-parte) from family court and then seconded by high court get remarried immediately? Is there no wait period in that case then?

 
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Adv P & H High Court Chandigarh

SLP is in continuation to earlier proceeding and thus can be regarded as an appeal so husband should wait for mandatory waiting period before marrying and in case hehas performed immediately after the judgment of High Cort then he has to face its consequences.


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UNEMPLOYED

SLP NOT APPEAL. IT IS SPECIAL LEAVE PETITION. SC CAN GRANT A SPECIAL LEAVE U.A 136.

 
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UNEMPLOYED

WHERE DIVORCE AND SECOND MARRIAGE IS CONCERNED, THE CONDITION IS THE OTHER PARTY SHALL HAVE NO SCOPE TO APPEAL OR FILE A PETITION FURTHER. IN THIS SENSE THE SLP WILL BE TREATED HERE AS EQUAL TO AN APPEAL.

 
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Advocate

Hello,

SLP denotes Special Leave Petition.  SLP is not an appeal.  The result in the SLP leads to appeal before the Supreme court.  In the case of remarriage, one has to wait till the mandatory appeal time to see whether there is any appeal filed.

L. Vinoba,

Advocate,

Pondicherry.

 
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Thank you all for your responses! Would like to understand what could be the consequences in case of a re-marriage in the appeal period? Can a situation of infructusness of the petition set in and allow the second marriage? Or will the court void the second marriage? Will it be also depend upon what the opposite party wants?

 
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propra

I have a fundamental question here.....................

 

'A divorce (ex-parte) from family court and then seconded by high court to get remarried immediately................

 

Isn't there whole lot of proceedings after ex-parte decree?

 

Isn't there probability (technically) to get the petition dismissed after ex-parte decree?

 

Under what circumstances/procedures, the HC is seconding the ex-parte?

 

Is 'Mr suhas more' saying that there was appeal filed by the opposite party after ex-parte decree and HC dismissed appeal?

 

mandatory waiting period of 30 days (appeal) or 90 days (review/revision)?

 

Why can't the court specify in the decree itself about the mandatory waiting period?

 

If court can restrict any person from travelling overseas,in the interest of justice, why can't it 'legally restrain' the person for mandatory waiting period?

 
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Could someone help me with the period for which the person should wait before getting remarried? I would also like to know of the consequences in case the 2nd marriage happens before finishing of the "waiting period"? Before replying, request you to keep in mind that the matter is likely to be up for appeal now in the Supreme court....Family court and HC have already approved the decree.

 

Thanks a lot!

Suhas

 
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To clarify further...when i say, the HC has also approved the decree, it means the HC has dismissed the appeal against he family court ex-parte decree

 
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health

after exparte decree Bar period to marry is 90 days.But if the OP has gone within appeal period to High court.Then one has to wait till High court disposes the case.If The OP has not gone to High Court.Then one has to wait for 90 days and marry after that 2nd marriage is valid.Now if OP has Gone to High court during the apeal period and high court has dismissed the apeal against exparte order .Then one can marry after informing the court.Its a guess.I am sure better qualified person can answer it for our learning.
 
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