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surya   24 June 2018

Remarriage after expate decree

Hello  Sir/Madam,

I got married in Jan,2012 and due to differences between me and my wife ,we have separated from August 2012 and living sepepeartely . She had filed a 498A  complaint against me and family members in dec 2012 and is pending for trial at the court . The current status is pending examination .

After waiting for more than 5 years and multiple tries for reconciliation , I have applied for a divorce in August 2017 and got a exparte decree in Apr 2018 . She had attended for the counselling(lok adalat) and few dates in the court(Total 4 appearances out of 9 , trial took more than 9 months for decree) , after which the court declared her forfeit to submit the counter and declared epxarte divorce on the grounds of curelty and desertion . 13(ia) &(ib)

Now its been more than 2 months and i am waiting for completion of 90 days and thinking of starting a new life . As per hindu marriage act , 30 days is the wait period and family court act its 90 days for a remarriage . Which should be considered ?

As i know the cruel intention of my ex -wife and their family to harass me to any extent ,  what if i get married on the 91st day and my wife files a set aside IA application in court on the 30th/90th day ?? The notice would take anyhow 3-4 days to reach me and i am married by the time without the fact that there is IA petition pendging against me .

Will her application to set aside withstand ?? Will my re marriage be declared null and void ? will i be booked again on sections of bigamy ??

Looing for answers on how strong the case would with stand against setting aside the divorce decree.??





 7 Replies

Kumar Doab (FIN)     24 June 2018

GO thru;

Patna High Court

Sri Rajesh Kumar vs Smt. Pushpa Rani on 16 September, 2016

Kumar Doab (FIN)     24 June 2018



Bombay High Court

Shri Shivram Dodanna Shetty vs Sou. Sharmila Shivram Shetty on 1 December, 2016

Bench: Naresh H. Patil

Kumar Doab (FIN)     24 June 2018


Thereafter alongwith elders of your family discuss in person with a very able  senior LOCAL counsel of unshakable repute and integrity specializing in Family  matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for a considered opinion..and understand all prespectives and hazards and remedies carefully..

Then IT is your call..


Exparte orders can be set aside. There is provision in law for it. Again the matter will be referred back to the trial court and your divorce trial will go on until it is disposed off.  Marrying in the meantime only assures more problems as there is no one to inform you about what happened to appeal of wife.  Primarily if wifes appeal is accepted your exparte orders are set aside for sure.  I agree with MSK advocate.

1 Like

ANAMIKA VICHARE (LAWYER)     10 April 2019

yo do not think naything else , by law you can get remarried on 1st day.  So go ahead n get married


ANAMIKA VICHARE (LAWYER)     10 April 2019

By law you can get remarried on 1st day.   So go ahead n get married.  Do not think anything else

ANAMIKA VICHARE (LAWYER)     10 April 2019

by law you can get remarried on 1st day  So go ahead n get married.  Do not think anthng else



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