Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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DV victimmmm ( )     04 April 2015

Remarriage after getiing divorce

Hi,

I got divorce from family court based on cruelty and desertion caused by my ex wife.The DV case filed by her is already dismissed by JMFC court. I am paying maintenance under sec 125 to her and minor daughter..

Negotiations for one time settlement failed in family court as she wants a very huge amount.She has moved to high court now to appeal against Family court order. My question is ifi need to wait for remarriage till disposal of matter in high court?She may drag the matter for years in HC.

Thanks a lot for your valuable suggestions and advice.



Learning

 9 Replies

Rajesh Kulkarni (Advocate)     04 April 2015

You need not wait for disposal of matter in HC

call for better assistance

 

Rajesh Kulkarni

Advocate

7799116901

saravanan s (legal advisor)     04 April 2015

yes you definitely need to wait till the case is disposed by high court and before that if you marry you will be charged with bigamy

reunion2   05 April 2015

I am not a legal person but agree with legal advices.

 

First close one Bad Chapter completely then only you will get success in new chapter

sandykrish (Interested in Family LAW)     05 April 2015

Yes, if the lower court has issued the order, the aggrieved parties have the right to appeal against the order. Once the appeal petition is filed technically the case is not disposed. In your case the divorce is not obtained. If you marry again you will be charged with bigamy and other Charges. Let's say even high court has upheld the decision of LC, your wife has an option to go to supreme court. So these are technicalities.

DV victimmmm ( )     05 April 2015

so do I have to wait until case is disposed by supreme court ?

sandykrish (Interested in Family LAW)     05 April 2015

Have patience until the HC order is out. Depending on the other party, you could take a decision.

Sudhir Kumar, Advocate (Advocate)     12 September 2015

Originally posted by : sandykrish
Yes, if the lower court has issued the order, the aggrieved parties have the right to appeal against the order. Once the appeal petition is filed technically the case is not disposed. In your case the divorce is not obtained. If you marry again you will be charged with bigamy and other Charges.

Let's say even high court has upheld the decision of LC, your wife has an option to go to supreme court. So these are technicalities.

This view may be correct only if there is a stay order on the divorce judgement.

victim (master)     13 September 2015

@ D V Victimmmmmm if divorce is granted by family court then you are free to remarry.

 

But you have mentioned, an appeal is pending in HC. against what order, divorce order or maintenance order. if it is against divorce order and there is some stay order on lower court's order then you can't remarry and if appeal is only against maintenance order then the is no problem in remarrying.

 

At HC or SC level matter cant be dragged for decades. engage good counsel with clear instructions to finish the matter without delay. fight hard. for any order in your favour file caveat in higher courts to stop opponents from obtaining stay orders at time of issuance of notice to you in case they preffer appeals.

 

Since DV is dismissed so initiate proceedings for malicious procecution against your wife. Cross check all affidavits filed by her till date and if any material contradiction is there then file case for perjury. Be very aggresive to give her a clear message that she won't be spared.

 

All the very best.

Sudhir Kumar, Advocate (Advocate)     04 January 2016

refer https://www.lawyersclubindia.com/experts/Can-a-woman-remarry-after-getting-permanent-alimony-576956.asp Here you want to marry immediately after divorce? In other thread you are asking how to stop your ex-wife from re-marrige.

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