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Newpal (none)     29 November 2012

Wife remarried, divorce set aside case is pending

The wife got an ex parte divorce decree in her favour u/s 13 of HMA.

The husband filed a petition for setting aside the decree, this petition is still pending and the petitioner's evidences were to be recorded during the last hearing.

The wife submitted an application praying for dismissal of husband's petition on the ground that she got remarried 20 days ago, and that the husband's petition is irrelevant now.

Now what legal options do the husband has in the present petition as well as under CPC etc.? Is it advisable not to go for or delay the criminal case against the new husband, because the husband wants to avoid additional litigation?

Thanks.



 23 Replies

rahul (director)     29 November 2012

plz tell when wife got ex-parte decee and when she remarried.

 

if she married after 90 days from decree date, then she is okay and you are wasting your time/money in courtm you too should re married.

otherwise also court will look at girl life and your application is not maintanalble

 

 

RK (adada)     29 November 2012

I agree with Rahul, there is a 90 days waiting period after Exparte or Mutual Consent divorce, After that Divorce decree can not be challenged in any Court of Law.

rahul (director)     29 November 2012

@RK

i differ with u on MCD divorce... there is no 90 days waiting in MCD,,,if someone gets MDC, he/she can get remarried very next day.

exemple: if MCD 2nd motion passed on 29.11.2012

then she/he can re-married on 30.11.2012

 

 

 

Newpal (none)     29 November 2012

Ex parte was awarded in 2008. Petition for setting aside was filed in 2010 and this petition is still pending. Wife remarried in October 2012, and she is attending the set aside case from the beginning.

RK (adada)     29 November 2012

Newpal

Forget it, You wont acheive anything now since your wife remarried

RK (adada)     29 November 2012

Mr Rahul

90 Days period is there in MCD as well... I myself got the divorce under Mutual Consent and I am 100% sure abt that

rahul (director)     29 November 2012

 

I'm not agree

MCD is not a court order, its whats you both parties decide outside court and court just put its stamp on it.

so, matter settled outside  and wife already encashed the ch/dd given at the time of 13b(2),

means she accepted this settlement money and consented for divorce.

 

 

rahul (director)     29 November 2012

@NEWPAL

I'm surprized that after 2 year( 2008 to 2010) you filed for set aside application., i think that judge is foolish who issued notice, and even then if he isued notice and wife is attending from day one.. why not judge either allowed or dismissed in 2 years.

 

is there any stay order granted by court "NO to remarry" to wife in 2010 when you filed this set aside ?she attend this boldlym, because she she know.. there is nothing worng on her part.

 

there is nothing left for you in this case

where were you were in between 2008- 2010?

 

 

 

RK (adada)     29 November 2012

Rahul

MCD decree can also be challenged if either party proves that Consent was obtained by coercion or without free will.

Therefore there is a 90 days waiting period in law. Please check with your lawyer.

rahul (director)     29 November 2012

@RK,

Did your mcd challenged?

ANAMIKA VICHARE (LAWYER)     30 November 2012

If there is stat on the decree, the remarriage is unlawful....

anyways.....it is better to think yourself

now that entire exercise would be futile not for winning the legal battle

but the battle on emotioanl lever is over...

good that yoiur wife has no claims over you...

just leave it

try for another girl...but verify all the things before getting married

God Bless you...

All the best

rajiv_lodha (zz)     30 November 2012

As far MCD is concerned, what proofs the opposite party wil bring that the consent was obtained by fraud/under pressure; because both parties appear physically b4  FC judge, he specifically asks these very questions, parties record their statements.........then same procedure is repeated after 6 months.

If consent was under pressure/obtained by fraud, party got so many chances to correct it. In this situation, no appeal against MCD stands practically. So in MCD, parties are free to marry the very next day

rahul (director)     30 November 2012

agree with lodha

RK (adada)     30 November 2012

I completely disagree with Rahul and Lodha.

Regarding pressure, Wife can go back to the judge or can appeal and say that MCD was obtained at Gun Point wherein her parents were kept hostage and she was made to sign the statements in the court.

Indeed MCD decree can be challenged as well hence 90 days period is advisable. You can take advise from any lawyer as well.


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