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Nithya (Officer)     20 January 2014

When is re-marriage possible?

Filed for contested divorce.  But it went uncontested cause my ex-husband never appeared. Not even responded for any court notices.  And finally, court announced exparte order.

But my advocate told few more hearings are pending till the final judgement.

My questions are:

1.  Am i entitled to remarry once i have the exparte order.

2. If no, should i wait till the final judgement is declared?

3. Or, how long should i wait?

If anyone knows this, pls clarify.

Thanks.

 



 6 Replies


(Guest)

after the judgement u shld wait for 90days

sandykrish (Interested in Family LAW)     20 January 2014

Hi  Nithya,

 

To answer your questions 1-by-1

 

1. Yes, you can re-marry after the exparte order provided no appeal from the other party for set aside.

2. You have wait until the final judgement of exparte order. If you marry before the judgement your husband can be charged under sec 497 of IPC 

3. You have to wait until 90 days from the date exparte Judgement is passed. No other go. The other party has a right to appeal the order by setting aside.

 

Think before you Ink my dear friend.

T. Kalaiselvan, Advocate (Advocate)     21 January 2014

The court has set your husband ex-parte.  There is no judgment passed on the issue.  You may have to wait until the passing of final judgment on the subject.  After that you have to wait for 90 days for re-marriage or else it will be considered as bigamy.


(Guest)

You still have guts to re-marry?

Nithya (Officer)     24 April 2018

 
     

To update .

Though the court announced an exparte order, the final judgement was 'judicial separation' only. 

 

Master Warrior (AOR)     25 April 2018

Judicial separation is not yet a divorce. You need to wait for a decree of divorce (and appeal period expiring) prior to remarrying.

 


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