Upgrad LLM

is my marriage valid?

n/a

 Hi,

 

I filed a divorce application against 'X', who chose not to appear and an exparte decree of divorce was passed. After a peiod of about 1 year I married 'Y'. 

After this marriage, 'X' filed an application to set aside the exparte divorce decree granted in my favour and unfortunately that application was allowed by the court and now the divorce proceedings are pending.

My question is whether my marriage with 'Y' has become invalid now. Please advice. 

 

 
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advocate

Mr.sampath.your marriage with y is a valid one till any court declare it void or voidable.

 
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Advocate

No court can declare is viod or viodable. It is surprising as to how the divorce decree was set aside in appeal, despite the fact that you have already married.

 

 

 
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agree with mr. sarin.

 
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Advocate,Chennai

Mr.Sampath Kumar, I have gone through your query. I am of the opinion that, As far in case a in which final decree has been passed by the court (in your case exparte decree after taking exparte evidence) dissolving the marriage by decree of divorce then one has to wait  for 90days appeal period against this decree/order of the court that declared your marriage dissolved by the respondent (your wife). If no appeal is filled against this order a person holding the decree of divorce  can remarry. In your case as stated by you ,  you have married only after one year from the date of exparte order that has been passed i.e after the expiration of the statutory limitation period to file appeal by your wife.You have waited for suffucient time.Your marriage is valid one.Your ex-wife has slept for a long period and now she has approached the court to drag you. However you have to now contest the appeal before the Court stating the above mentioned legal technicalities.I hope that I have answered your query and i also agree with the opinions given by my Learned brothers.

 
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B.Sc, B.L

Mr. Sampath

   Do not worry. The marriage with Y is valid since you have married her after decree of divorce to your first wife. There is no suprise if the court sets aside the exparte decree and simply you  are married to Y it is not a ground for the court to reject the appplication of your 1st wife seeking the setting aside of exparte decree. Fight boldly in the court and you will come through.

 
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 Mr. Sampath, i agree what others have opined to your query and it is very much correct to say that your marriage is valid, but a point has sure came up and i think no has paid attention to it, that why the court allowed the appeal of Mr. Sampath's ex-wife, on what grounds...?

Mr. Sampath Can you state the reasons mentioned by your ex-wife in the appeal....?

 
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The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day.

-------------------------

kelvin

lawyer directory   

 

 
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 hello kevin

that was a very valuable piece of information, but i would still like to know my answer...?

or any expert comments on my query will also help....

IG

 
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As per the law of HMA Your remarriage is valid,better to argue in court to quash the appeal petition.
 
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