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hemant (clerk)     12 February 2010

Ex-parte divorce and marriage thereafter

Hi ! I have been successful in getting an ex-parte divorce on the grounds of cruelty and desertation. I believe the appeal period in such a case for the opposite party is of 90 days (pls correct me if i am wrong). The thing is don't want the opposite party to reverse the divorce decree but i am ok with parting away with some money. What do i do? I would appreciate it  very much if someone could help me with answers to the following questions.            1) I just want to understand whether i can married again within these 90 days if i so desire? 2) If i do get married in the appeal period and the opposite party files for an appeal after me getting married, whether a criminal case can be logged against me for bigamy? 3) what if i plead to the court of my ignorance of the appeal period in such a case? Will the court consider my request?

I have no issues in parting away with some money if such is the case, only thing is nothing serious should happen, such as reversal of the divorce decree or criminal case. Is that possible?



Learning

 7 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     12 February 2010

 

 

wait for 90 days is the best idea, else you all (You, your present wife and your would be wife) will always in trouble and tension till the final order of appealate court.

sugandh (student)     12 February 2010

Dear Hemant...i would advice you to file a Caveat, so that you will be informed in advance, in case the opposite party goes for appeal. 2nd thing is...you can marry on the ground of the present decree...but ofcourse, incase the opposite party in the meantime appeals and seeks an interim stay order for your marraige...you cannot marry...in simple words..if the court directs you not to marry till the suit is pending, you wont be marrying..but yes, with the present order in hand and till you dont get an intimation of their appeal...you can marry...well my personal advice is not to marry till their appeal period to avoid any hassles

hemant (clerk)     12 February 2010

If i do get married again in the 90 day period, can i be convicted under the criminal law of bigamy? or will the second marriage be conidered void?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 February 2010

the best policy is wait upto 90 days and file a caviet at high court. yes 494 will attract. ignorence of law not excusable.

Jatin Duggal (Advocate-Uttranchal)     12 February 2010

why you want every thing so fast--exparty divorce then remarriage-my friend i agree with Mr Gupta the best policy is wait n watch rather then marring in a haste and if she appeals and gets a stay your second marriage will be null n void till final order.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 March 2010

I DO AGREE WITH MR. GUPTA.

Pankaj Raj (HR)     13 March 2010

Sir

Please let me know what is the purpose of filing a Caviet.

Regards

Raj


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