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Prasanthi Nagar   15 July 2021

validity od second marriage

Respected Advocates,

my friend filed divorced petition and it's a contested divorced which took 5 years to come to an end and he received decree in favour of him in 2017.. after 8 months he go married and had one kid of age 1.8 months, recently he got notice from HC on the appeal his ex filed, he is confused now is his second marriage valid?


 5 Replies

Doveson (advocate)     15 July 2021

yes. his marriage done after the appeal period was over is perfectly valid. it was for his wife to ensure that the notice from the court was received by him before he remarried. 

Dr J C Vashista (Advocate)     16 July 2021

Subsequent marriage is valid even if ex-wife moved in appeal after 90 days of judgement.

What is the opinion and advise of the counsel engaged / paid by your friend ? 

Prasanthi Nagar   16 July 2021

he is out of station and unable to take notice, his neighbour told notice from HC when he verified hc website he found appeal.. so not engaged any attorney yet.

G.L.N. Prasad (Retired employee.)     16 July 2021

The simple query from you is whether the second marriage is Valid:  YES is the simple reply.   Defending to appeal is a separate issue depending on such grounds of appeal.

Prasanthi Nagar   16 July 2021

ThanQ all for your valuable repliea

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