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.??