Contested Divorse in Gurgaon
Querist :
Anonymous
(Querist) 19 December 2017
This query is : Resolved
Couple Got married in year 2007. There is no baby from the marriage and both are salaried.
After 1 year of separation, Both boy and girl went for mutual 1st motion in Gurgaon in year 2012 court but girl backed off from 2nd motion and filed all DV/Maintenance etc cases in Delhi court against the boy and his family just before 2nd motion. Boy was supposed to pay 3L at time of 2nd motion and 3L cheque courier was rejected by the girl as she demanded 25L in women cell.
Boy filed contested divorse in Gurgaon in year 2014 and won the case in Gurgaon Court on basis of cruelty and got the decree in November mid 2017. Court has ordered to give around 4.2L (3L + interest) to the girl within 90 days after the decree. Boy couriered the cheque but it came back. Girl changed the address so the boy has filed an application in court asking court to accept 4.2L cheque on her behalf as the girl's address mentioned in divorse decree in incorrect.
When can the boy remarry? What will happen to DV, Maintenance, 498, etc cases which are going in Delhi court filed by the girl. Will Chandigarh High court put a stay on divorse decree if she go for an appeal.
Vijay Raj Mahajan
(Expert) 19 December 2017
DV complaint, S 125 Cr. P. C, S 498a IPC continues as these are independent cases.
Yes appeal against the order of divorce will be stated by Punjab & Haryana High Court and its final decision may take many more months/ years.
Final appeal in Supreme Court will still take many more years depending how the High Court decide appeal against divorce order.
Vijay Raj Mahajan
(Expert) 19 December 2017
DV complaint, S 125 Cr. P. C, S 498a IPC continues as these are independent cases.
Yes appeal against the order of divorce will be stated by Punjab & Haryana High Court and its final decision may take many more months/ years.
Final appeal in Supreme Court will still take many more years depending how the High Court decide appeal against divorce order.
Raj Kumar Makkad
(Expert) 19 December 2017
In the given facts, husband can re-marry after waiting period means just one month of the passing of the decree of divorce. High Court has power to stay subject to husband has not re-married. It shall be appropriate for the husband to file application before high court immediately praying therein not to pas an ex-parte order without hearing husband if divorced wife files any petition/appeal in the subject matter.
Vijay Raj Mahajan
(Expert) 20 December 2017
Appeal period against any decree is 90 days under section 28(4) of the Hindu Marriage Act,1955 not 30 days, for remarriage don't venture at least for 90 days the period of appeal against the divorce in the High Court. As far the ex-pate stay order against the decree of divorce is concerned, no High Court ever pass any such ex-parte order, secondly the caveat can always be filled in the High Court by the husband so that no order be passed by High Court without sending him prior notice to appear in the court this will safeguard all possibilities of ex-parte order by any means.
Querist :
Anonymous
(Querist) 20 December 2017
When can the boy remarry? lot of lawyer says that boy needs to wait for 90 days, is it so? if yes, is it 90 days from date of decree or from date of receipt of order copy? Will Chandigarh High court put a stay on divorse decree if she go for an appeal
Dr J C Vashista
(Expert) 21 December 2017
Sorry no reply for anonymous author.
Querist :
Anonymous
(Querist) 21 December 2017
But you guys have option of anonymous on your website...
Querist :
Anonymous
(Querist) 21 December 2017
Pls reply to my query
Querist :
Anonymous
(Querist) 22 December 2017
Also lawyers on this website has different opinions on single query, someone says 30 days is cooling period, someone says 90 days and someone says that don't marry on 91th day n wait for some more months....surprising
