Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ganesh rao (x)     07 February 2014

Public notice in divorce proceedings

divorce petition was filed by one of the spouses; the same is contested by the other spouse;  petition is pending in family court.    it  came to knowledge that the spouse is seeking alliances for re-marriage stating to be a divorcee and that divorce was sanctioned.  but even the evidence of the petitioner or respondent is not filed till date on the divorce petition in family court. it is likely that the spouse may re-marry by concealing the matters.

can a public caution notice be issued, like notices issued in newspapers cautioning the public about dealing in property that is in dispute etc.?  does giving such caution notice involve any legal implications?  please give views on the matter.



Learning

 5 Replies

Kiran Kumar (Lawyer)     07 February 2014

If there are some property issues involved then you may give such notice otherwise if its merely a marital notice then dont proceed that way.  Let the person remarry and face the consequences subsequently.  Provided the things are proved as per law.

S.QAISAR ALI ADV. (Advocate)     07 February 2014

public notice in newspapers may be published to aware ;that the divorce case is pending and the person is trying to remarry concealing the facts before the disposal of the case is not legal.

Sanjeev (Lawyer)     07 February 2014

Publishing any such notice in paper would attract defamation from other side. This might be a wrong information with you that spouse is trying re-marrying there is nothing illegal about finding matches and the spouse can remarry after divorce they might be expecting that divorce would happen in a certain timeframe.

No person having knowledge of law would re-marry without divorce so dont publish ant advertisement.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 February 2014

agree with experts, nothing left to add

T. Kalaiselvan, Advocate (Advocate)     08 February 2014

I agree with the opinion of Mr. Sanjeev on the subject issue.  Hence do not venture into such funny ideas lest you will land up in trouble, and fall trapped into your own net you have spread for others.


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