Court set aide divorce decree
Snehal Gaikwad
(Querist) 20 March 2015
This query is : Resolved
Dear Sirs,
My husband got ex parte divorce decree. After three months of divorce decree I married him. However, his first wife filed for setting aside ex parte decree and the divorce decree was set aside. My husband did not tell me about setting aside of divorce decree. Further the first wife has filed case of bigamy also.
I came to know after 1.5 years of setting aside of divorce decree.
What is the future for me?. What is the remedy available to me?
Devajyoti Barman
(Expert) 20 March 2015
Ask him to challenge the order of setting aside of decree . HE should have contested the proceeding more vigorously.
However since his staTus now come back to already married , your marriage becomes null and void.
Take bail in the bigamy case.
M/s. Y-not legal services
(Expert) 20 March 2015
At the time of your marriage, the earlier marriage was dissolved by that exparte decree mean you need not to worry.. Just ask your husband to face that proceedings..
Dr J C Vashista
(Expert) 21 March 2015
If your husband got divorce decree (which now stands quashed)at the time of your marriage, your marriage is valid and it does not attract the provisions of bigamy, however, it is the first wife to prove the same.
Let your husband file appeal challenging the setting aside order giving full facts including remarriage with you.
Rajendra K Goyal
(Expert) 21 March 2015
Your husband should challenge the setting aside of the decree and follow the case vigorously.
Snehal Gaikwad
(Querist) 21 March 2015
Dear Sirs,
Thanks for the help.
Can I myself challenge the decree in high court and will the following 2 things go against us in HC:
1. husband did not disclose fact of second marriage in lower court in set aside proceedings
2. Not it is more than 1.5 years since the decree is set aside and original divorce case is running.
Thanks
SAINATH DEVALLA
(Expert) 21 March 2015
Why should U bother of challenging it in the HC. UR husband has concealed the facts of the earlier divorce decree to you,it is his fault. Regarding bigamy U can contest it as U married after the divorce decree has been granted and before it got quashed.
T. Kalaiselvan, Advocate
(Expert) 22 March 2015
You dont have anything to do with the case your husband is facing now. The first wife cannot file a bigamy case because the second marriage solemnized as per law when the first marriage stood dissolved by a court's decree. Let the case go for a round and return, after that you can decide further course of action. However please be informed that you are a legally wedded wife and your marriage stands valid in law.
SAINATH DEVALLA
(Expert) 22 March 2015
Be sure that even if you are dragged by the first wife, legally UR husband will be involved.
Snehal Gaikwad
(Querist) 22 March 2015
Dear Sirs,
Thanks for advise.
My husband does not want to admit my marriage in court and challenge order setting aside ex parte decree. He fears that bigamy case trial may start as 1st wife has already files bigamy case. My husband has meager resources and he is already facing DV and 498A case.
In this situation, what is my status in present and future.?
Thanks
SAINATH DEVALLA
(Expert) 22 March 2015
But if he does not want to admit, then U will be in a soup. To be safe U should not allow him to risk U. Thats my observation.Because bigamy attracts
17.Punishment of bigamy.-
Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.
I am just advising U to be on the safer zone.
Biswanath Roy
(Expert) 25 March 2015
If the second marriage was solemnized legally during pendency of the appeal against ex-party decree for divorce,such marriage by the husband without any concealment is not an offense of Bigamy. Wife also shall be entitled for all benefits and privileges as legally married wife.Such circumstances does not come under the purview and scope of Ss 494 & 496 IPC i.e., Bigamy. (vide-Kailash Singh vs. Priti, 1982 Cr.LJ, PAGE-1005, Rajasthan)
V R SHROFF
(Expert) 25 March 2015
MARRIAGE SOLEMNISED DURING APPEAL PERIOD IS INVALID.
Guest
(Expert) 25 March 2015
Good case for critical analysis by the legal system and the parliament to prescribe how to deal with such cases.
However, remarriage after award of divorce is not dependent upon the outcome of appeal by the other party unless specifically provided in the decree. So, the question of bigamy does not arise after divorce is awarded without any rider.
Biswanath Roy
(Expert) 25 March 2015
In the case of Padi, AIR, 1963, Himachal Pradesh it was stated to invalidate second marriage it is to be proved that there must be at the time of second marriage a previous valid and subsisting marriage.
Snehal Gaikwad
(Querist) 26 March 2015
Respected Experts,
I am indeed indebted to you all for giving me great advise and showing interest in my case.
Still I am confused as what action I should take to protect my interest in this situation.
Kindly advise.
SAINATH DEVALLA
(Expert) 26 March 2015
Again UR comming to the starting point, U have been advised well by all the experts
Biswanath Roy
(Expert) 26 March 2015
Unless you face any adverse situation that will affect you or any of your interest in your married life you need not to be confused till then. Your marriage is legally valid.
Guest
(Expert) 27 March 2015
Confusion without any real cause having arisen is merely a delusion and nightmare. Avoid that for the present.
