Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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phani sekhar (manager)     20 December 2013

Logical family law queshion

Experts ,

 

I Got Divorce from my ex-wife 6 months back ,  She had 3 months time to Appeal in the Higher Court which they have not done.   In the 4th month i Got Married to Another Girl .  Now after 6 months they have approached court with Delay condonation and  got the case Admited .  Given this as the Case Can you advise if my second marriage will become void .   as I have married only after the divorce decree and after 3 months Appeal period .

Appreciate your inputs on this issue

 



Learning

 5 Replies

ashoksrivastava (scientist)     20 December 2013

Originally posted by : phani sekhar


Experts ,

 

I Got Divorce from my ex-wife 6 months back ,  She had 3 months time to Appeal in the Higher Court which they have not done.   In the 4th month i Got Married to Another Girl .  Now after 6 months they have approached court with Delay condonation and  got the case Admited .  Given this as the Case Can you advise if my second marriage will become void .   as I have married only after the divorce decree and after 3 months Appeal period .

Appreciate your inputs on this issue

@querist was the decree exparte?

 


(Guest)

The second marriage is not void.

Shantanu Wavhal (Worker)     21 December 2013

2nd marriage is valid.

1st wife can claim maintenance only, until she gets remarried.

thats all.

phani sekhar (manager)     22 December 2013

Its a Contested case   which went on for 5 yrs

ashoksrivastava (scientist)     25 December 2013

 

Originally posted by : phani sekhar

Its a Contested case   which went on for 5 yrs

@ querist You have nothing to worry except maint. as noted by Amit . Here is sec15 hma

"15. Divorced persons when may marry again.

When a marriage has been dissolved by a decree of divorce an either there is no right of appeal against the decree or, if there is such right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed it shall be lawful for either party to the marriage to marry again. "

regards ASHOK


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