avinash19 (none) 13 May 2014

Looking for answers

Dear lawyers,

i am looking for legal answers as i am totally confused.

i got married in india in 2006 and registered the marriage locally

seperated 2009

wife abandoned me and moved out. I filed for divorce in june 2012 and got exparte divorce granted in dec 2013.

if i get married now can my wife come and file cases on me? the address provvided in the application was local address in india. i think not sure she had moved abroad.

scared and confused on what will happen if i get married again?

look forward to the legal aspect

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8 Replies

rising up again (FFF) 13 May 2014

avinash ...

you are lucky and tstill looking for tensions ??? ... go ahead and lead ur life...happily.

mayb she has also moved on in her life....why worry abt things which arent existing in life.

Gautam Kapoor (IT professional Studying Law) 13 May 2014

Inspite of summons served to her correct address the lady has wilfully abstained from court proceedings due to which exparte divorce was granted,and in your case more than 90 days elapsed after exparte divorce ,it is very advisable to get married as soon as you can and submit to the court that you have remarried.

if the lady contests later it will not be maintainable.

Summons to the party is the key word here and if exparte has not been obtained by fradulent means then absolutely no need to worry.

Dr J C Vashista (Advocate) 13 May 2014

No one can stop her filing any case against you but it would not be success. Get married as soon as possible and enjoy happy (second) married life.

Mahesh R. Sonawane (Lawyer/Fight for justice) 13 May 2014

No need to worry.....

Shantanu Wavhal (Worker) 13 May 2014

if u need to worry at all, then its from the (to be) second wife.

forget the first one now

T. Kalaiselvan, Advocate (Advocate) 13 May 2014

Legally you can go ahead with your second marriage because the waiting period for appeal against the decreetal order is over now. As rightly observed by Mr. Amit, if at all you would face problem , it may be in the form of another marital episode.

avinash19 (none) 14 May 2014

what if the address mentioned in the case was one of the old addresses and i had not mentioned other locations she could be?

this has been on since 6 years now

Dr J C Vashista (Advocate) 14 May 2014

You had filed for divorce in June 2012 and got exparte divorce granted in Dec 2013, there is nothing for yourw worry, now if she comes out from a new address (which you did not mention) and files application for setting aside the decree (Or. IX R 13 CPC).you can contest subsequently, why are you so scared at this stage.

She has deserted you at some unknown address and you got the decree, mentioning the address known to you, is sufficient for you to get re settled in married life, just leave aside your apprehensions, ifs and buts.