Divorce-appeal

T. Saranvelu (Querist) 19 May 2013 This query is : Resolved
Sir,
After court verdict on divorce, whether one should wait for remarriage upto appeal time by another party at high court. Otherwise, if one was married within time of appeal time, what is the status of second marriage. kindly clarify that appeal time will start after judgement day or date of copy of judgement receipt.

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prabhakar singh (Expert) 19 May 2013
The time for appeal starts just from judgement date,the status of second marriage would be illegal.

Section 15 of the Act, which stipulates that after decree of divorce, a spouse may remarry after limitation for filing appeal has expired and no appeal has been preferred or appeal has been preferred and dismissed.

There are various circumstances to be considered in different cases.

Parimal vs. Veena by S.C.2011 (2) RCR (Civil) 155
contra Surjit Kaur alias Sito Vs.Harmesh Pal by Punjab-Haryana High Court on exparte decrees of divorce

V R SHROFF (Expert) 19 May 2013
It is advisable to wait for remarriage upto appeal time by another party at high court.

appeal time will start after judgement day in case of no appeal, or date of copy of judgement receipt(minus date of order- date of application for copy).

Second marriage status is illegal till order of HC.