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windowsxp   10 June 2017

Pending for admission in hc

Dear experts, My ex went for appeal after 75 days of judgement pronunced, till today I have not received any summons as case stage is showing as pending for admission and already completed 140 days in between I married 10 days back. Any reasons why my ex not moving her case for admission? Legally my 2nd marriage is valid as I have not received summons r any other communication from court, lawyer r from my ex. and also I married after 130 days of judgement pronuncement is my assumption wrong? Now what are the chances of case admission in hc as it is more than 140 days after judgement? Please suggest.. Srinivas


 7 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     10 June 2017

Kindly note that the oppositevside must have prayed for delay condonation along with appeal. As you have not appeared in hc the delay may be condoned and appeal may get admited.
1 Like

Sachin (N.A)     10 June 2017

Originally posted by : windowsxp
Dear experts,

My ex went for appeal after 75 days of judgement pronunced, till today I have not received any summons as case stage is showing as pending for admission and already completed 140 days in between I married 10 days back.
Any reasons why my ex not moving her case for admission?
Legally my 2nd marriage is valid as I have not received summons r any other communication from court, lawyer r from my ex. and also I married after 130 days of judgement pronuncement is my assumption wrong?

Now what are the chances of case admission in hc as it is more than 140 days after judgement?

Please suggest..

Srinivas

 

You are right, your marriage is legally valid as you haven't recived summons and you married after 130 days of divorce.

Sometimes, it takes time to get a case admit in HC but it is not your fault. Your wife will include a application of " Condonation of Delay" with her appeal.

You need to oppose that application on the ground that "Condoning delay after your second marriage will be violate the rights of your present wife."

1 Like

Sachin (N.A)     10 June 2017

Some judgements in your favour

In Harjeet Singh v. Guddi's case, (1987) 1 Rajasthan LR 520, and it was held by this Court that when second valid marriage is contracted, it is in the interest of justice to dismiss the application for setting aside the ex parte decree for divorce.

 

Madras High Court  In the case A.Raja Sundari vs Suresh Kumar on 17 March, 2016
 

It emerges that a spouse who is successful of having a decree for divorce in his or her favour, has to wait for a statutory period as stipulated in Section 15 of the Hindu Marriage Act and if an appeal is filed beyond the period as contemplated in the provision, the second marriage contracted after such statutory period, cannot be held to be a void one. It is also settled proposition of law that the rights conferred upon a spouse by virtue of Section 15 of the Act cannot be defeated by condoning the delay.

windowsxp   10 June 2017

Hi Sawant Sir,

How come i appear below HC without any notice? even my name they added one extra character and my ex name separted by two words i used different criteria to findout whether appeal filed or not and she uses a fake address to represent her location and i stay in andhra but she gave my native place and bangalore pincode.. everything fake, how should she pray for delay Condonation while filing appeal? and also is this my duty to appear before HC without notice?

Regards,

Srini

 

 

windowsxp   10 June 2017

Dear Sachini sir,

when should i appose the the application on the ground that "Condoning delay after your second marriage will be violate the rights of your present wife." ? after receiving notice/summons or before? now if i appose they will question u already seen the application file status in website and you married even after knowing the rule?

 

Regards,

Srini
 

Sachin (N.A)     10 June 2017

Originally posted by : windowsxp
Dear Sachini sir,

when should i appose the the application on the ground that "Condoning delay after your second marriage will be violate the rights of your present wife." ? after receiving notice/summons or before? now if i appose they will question u already seen the application file status in website and you married even after knowing the rule?

Regards,

Srini
 

 

When court summon you then only you will oppose.

windowsxp   10 June 2017

Wow thanku Sachin sir for your swift response.. Regards, Srini

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