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vijay tomar (advocacy)     20 July 2009

second marriage

hello to all,

I have one question for my learned friends. If a person, after filing the divorce got an exparte order and decree in his favour by the family court, then is it necessary for him to comply for a period of appeal of 90 days to get second marriage done. If he does not follow the same, is the second marriage becomes null and void. please friends help me out from this question/problem I have to advice him. 



Learning

 2 Replies

Anjali (IT)     23 July 2009

since it is exparte decree, it can be set aside within 30 days..I guess there is no appeal for this exparte decree..so can marry after 30 days..but whatever it is not bigamy..it is null or voidable marriage subject to the judgement if it was set aside .

Sanish (Business)     23 July 2009

As far as I know even in case of exparte decree you can file appeal in higher court  with in 90 days. So, both should wait for 90 days to remarry...


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