Ex-party decree of divorce
Priyanka
(Querist) 23 September 2013
This query is : Resolved
my brother get an ex parte decree of divorce and appeal time has been passed. He got marry after expiration of appeal time but know his ex-wife filed an appeal could it may void the second marriage and can it may charge my brother from the charge of bigamy.
Nadeem Qureshi
(Expert) 23 September 2013
Dear Priyanka
you have not mentioned about the religion of parties so as per section 57 of Indian divorce act there is a procedure to re marry, read the below section carefully
57. Liberty to parties to marry again.- When six months after the date of an order of a High Court confirming the decree for a dissolution of marriage made by a District Judge have expired, or when six months after the date of' any decree of a high Court dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court in its appellate jurisdiction, or when any such appeal has been dismissed, or when in the result of any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death: Provided that no appeal to 1[ the Supreme Court] has been presented against any such order or decree. When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been dissolved by death.
Feel Free to call
Sarvesh Kumar Sharma Advocate
(Expert) 24 September 2013
