Divorce granted
G V RAO
(Querist) 08 February 2011
This query is : Resolved
In my case, respondent took 18 dates(14 months)for my cross and out of which they have conducted cross on me only on two dates.
Judge posted the matter for respondent evidence . But they were absent. Then judge posted the mater to arguments. They did not come.
Then Judge posted the matter for judgement. On that day they came and submitted the application for reopen my cross again and not to give judgement.
The matter again argued and finaly court rejected their application and it is allowed for divorce granted.
We will get the order copies by next week. Is it a ex party divorce ?. How many months i should wait to get remarry again ?
Amit Minocha
(Expert) 08 February 2011
I don't think it would be an ex-parte divorce since application was to reopen your cross, their opportunity to cross might be closed.
I think need not to wait for appeal, let they take a stay for remarriage.
Dineshwar Singh Kaushik
(Expert) 08 February 2011
Till the time limit for filing appeal and that will be for 30 days.
Kiran Kumar
(Expert) 08 February 2011
It is not an exparte order.
the other party will have to avail the remedy of appeal as the matter has already been finally adjudicated and the decree has been passed.
the other party wont succeed if they approach HC merely under Civil Revision petition against the dismissal orders on application.
G. ARAVINTHAN
(Expert) 08 February 2011
contested case. So you can marry after 30 days of receipt of copy of order. However, if it is Hindu Marriage, then you need to wait till appeal period. 90 days
Kirti Kar Tripathi
(Expert) 09 February 2011
I AM OF THE VIEW THE PARTY SHOULD WAIT TILL THE PERIOD OF APPEAL IS EXPIRED, BECAUSE, IN CASE THE ORDER IS CHALLENGED, THE HIGH COURT WILL CERTAINLY INTERFERE IN THE ORDER AS IT LACKS THE OPPORTUNITY TO OTHER PARTY.
G V RAO
(Querist) 09 February 2011
Thanks to all Law Experts.
As per law , the appeal period is 30 days or 90 days .
M V Gupta
(Expert) 09 February 2011
As per Section 28(4) of Hindu Marriage Act, 1955 the time for appeal is 30 days from the date of decree or order.The time taken for obtaining the certified copy of the order or decree will be excluded in calculating the time limit.
G V RAO
(Querist) 27 February 2011
Degree passed on 28th Jan 2011 and copy received on 14th feb 2011.
If i get married during March end , will i become a bigamy.
We filed caveat at high court, but till date wife has not filed any appeal.
Can i go ahead for remarry.
Pls advice...
