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Subhomoy Das (Retail Manager)     03 December 2018

Marriage

Hi all,

 

I got divorced order ( Ex parte ) from a district judges court in April 2018 . My wife didnt file any appeal case or any other case till date.  In my home i got my old widow mother. My mother & relatives are planning to get me married once again.  My question is :

 

1. What is the appeal period time limit for an Exparte Divorce Order. ( I got exparte divorce order in April, 2018 )

2. If i get married once again in February , 2019 then is it legally valid ?? What will happen if my ex wife challenges in the court against the exparte divorce order after i get married for second time.

 

Please advice

 

 



Learning

 2 Replies

Shashi Dhara   03 December 2018

dose u know we're she is. whethershe is trying to trouble u. She is intentionally hiding.their is no time limit to set aside exparty order.if she appeals it is 90 days. but if she file petition for set aside it has no time limit. She may file petition after five yrs.so danger is their.u wait for one Ur and then after marry wait until what she will do &Observe her.

Vijay Raj Mahajan (Advocate)     03 December 2018

90 days time limit for appeal is good enough period to wait and after that only you can marry. Even if she try setting aside ex-parte decree of divorce after 90 days and your remarriage, that won't be so easy for her to succeed, court in such cases award alimony amount as settlement amount for divorced wife from the divorced husband and let the ex-parte divorced stand valid.
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