Re marrige after divorce

vanitha (Querist) 28 February 2011 This query is : Resolved
My brother divorce case was contested and obtained the degree in Jan 2011. We also received the Divorce Degree from the family court. But he filed caveat at high court by giving present address.

In case if my brother get remarry legally during March 2011 before his wife file an appeal in high court, will he face any criminal action / bigamy case on him.

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Arvind Singh Chauhan (Expert) 28 February 2011
NO ACTION CAN BE TAKEN FOR BIGAMY UNLESS and untill YOUR BROTHER RECEIVES A NOTICE FROM APPELLATE COURT.

Amit Minocha (Expert) 28 February 2011
Sec 15 HMA

Divorced persons when may marry again.

When a marriage has been dissolved by a decree of divorce an either there is no right of appeal against the decree or, if there is such right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed it shall be lawful for either party to the marriage to marry again.

Guest (Expert) 01 March 2011
Question of bigamy on remarriage cannot arise when decree for dissolution of marriage has already been issued. Appeal is a separate issue. However, the question of bigamy may arise only if the judgment of dissolution of marriage is quashed on appeal and you brother remarries after that.

Re marrige after divorce

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