Marriage after exparte divorce

normally a family court decree can be appealed in the higher court within 90 days from the date of the date order copy was signed and if she wants to appeal with a valid reason and if that reason is acceptable to other party then only Hon'ble judge will accept her appeal and and already 3 years have passed and no appeal is filed till date you can marry and even if she files appeal you can contest it and only draw back in your case is it he order is ex-parte order 

limitation period is over. I hope you have the proof of giving monthly maintenance to her, as you have already mentioned regarding the other proof.

Dear Querist

she may file an appeal before High Court if the ex-party divorce decree passed by Family court or she may file an application before family court too for set aside the ex-party divorce with an application for condonation of delay u/s 5 of Limitation act, if the court is satisfied regarding her delay for filing application for set aside then after given an opportunity to you the court may decide the application.if the court set aside the ex-party divorce decree then your second marriage may be declare as null & void.

you may file an appeal before HC against the trial court order. you are paying maintenance of not it is immaterial.

The crucial question is that whether she is aware of the divorce decree awarded to you by way of ex-parte?  If there was any fraud played by the husband in obtaining the divorce decree, then the courts have been consistently insisting that a decree obtained by fraud is not a valid decree and the question of limitation does not arise in those situations.  If she alleges that she has not received the divorce case notice (or acknowledged by someone on her behalf playing fraud) and as she is staying in husband's owned house and receiving regular maintenance for her and child, she was under false impression that it was only a simple desertion by the husband and unaware about his divorce decree, the High Court will entertain her appeal.  If you prove convincingly that she was aware of divorce coourt proceedings followed by divorce decree, then her appeal, if she prefers, will be dismissed.

@ Advocate Chandrasekhar,

Dear Sir,

Before and during the course of court proceedings I had personally requested her to come to the court and do a mutual settlement. The families of both parties were involved in discussions too and her family had pressurised me to withdraw the petition. Hence she was very well aware of the proceedings. Post the divorce, my lawyer did send her a copy of the decree which she refused to accept. However, on multiple occasions I have communicated (verbally) that the case has been closed in my favour and that we are divorced. Do these situations, validated by witnessed, fall under a counter-appeal for me to convince the court that she was aware?

Can I still do something- legally-before starting fresh with my fiance? My lawyer says I needn't do anything but I would like to protect my fiance/future wife.

I think you should go ahead and get married. The divorce is granted by court and  there is no fraud (if you say so). 

If she counters you should then handle the situation as it comes. If she can refuse that she is unaware you can also counter as it was a court matter, you have not been absconding but rather giving maintenance on regular basis.

Keep intact of the regd. post posal receipt by which the decree of divorce was sent to her and also the unopened return conver comprising of the copy of divorce decree, by which you can successfully establish that it was sent to her and also the initial court notice, which she refused and the court's order to proceed ex-parte.  Then proceed for your next adventure.

Dear Sir's,

my wife and me sing the afidavit for settlement on 7.5 Lacs now I already paid one installment 2 lac to my wife and she is withdraw the DV case from the court and women cell now my question is if my wife denined to give a divorce to me after taking the money so what can i do.

If the settlement reached outside the court, you can file civil suit for recovery of the amount paid by you to her and / or file a criminal case against her for cheating you.

1.Dear Sir, me and my wife sing the afidavit and one copy is with me and one copy is with my wife, but afidavit on normal paper not on stamp paper.

2. our advocates make 3 installment first when she take the case back then I pay 2 lacs. Second installment pay on first motion which is 2.5 lacs and last and final on second motion which 3 lacs.

3. first installment I paid thro DD and DD detail recorded by MM court Reader in record.

4. in afidavit mentioned that my wife cooprate till second motion divorce, but amount refund condition not mention.

5. if my wife denied to give divorce after taking two installment can I put the 420 and 406 case on her. She is govt employee..

Yes. You can file not only criminal cases but also civil case for recovery of the amount and also contempt of court case.

In this kind of case where wife denied give divorce after taking money can wife go behind jail for cheating. Any previous judgement on this kind of cases...

In this kind of case where wife denied give divorce after taking money can wife go behind jail for cheating. Any previous judgement on this kind of cases...

 If she had taken your money, you can recover it.  If you want citations to put her behind bar, for such legal advice you pay to your advocate or experts but not expect free of costs.  Because searching citations is finding a needle in haystack.