High court - notice
G V RAO
(Querist) 02 April 2012
This query is : Resolved
Contested Case and obtained divorce on 28th Jan 2011.
Remarried at register office on 05/05/2011.
She filed some petition at high court on 20/05/2011 and i have received the notice from Highcourt on 30/03/2012 and my parents re directed the notice to my present address and i am expecting the notice to my present address by this week ( Which is at other state ).
My query to expert is,
Can i receive the notice from high court or i can avoid.
Whether highcourt can set aside my IInd Marriage.
Pls advice..
Thanks..gvrao
Nadeem Qureshi
(Expert) 02 April 2012
Dear Mr. Rao
received the notice and read it, after that it can be clear that what is the matter and what is the relief?
feel free to call
V R SHROFF
(Expert) 02 April 2012
It seems to be APPEAL against the Divorce Order.
As u got remarried within 6 months, which is the appeal period,
U SHOULD HAVE WAITED FOR COMPLETION OF 6 MONTHS FROM DATE OF ORDER i.e. till 21-7-2012
Show now that you remarried on or after August 2012, if possible, and as u were unaware of any HC Appeal, now it is not binding on you.
Though difficult, as u had Registered marriage, you did not receive any Notice from her side, not to remarry, and that she preferred Appeal. it will save you.
Unless Divorce is Finally Decided, [by hc, or after period of appeal expired] you are not divorce.
So you married again when your first wife exists.
Adv.R.P.Chugh
(Expert) 02 April 2012
Dear Querist,
I differ with Ld.Mr.Shroff - the period for filing an appeal against a decree under the Hindu Marriage is 90 days as per S.28(3), and a person can lawfully marry after that as per S.15 of the HMA. Since you have married after 90 days - your marriage stands valid.
I am curious as the appeal of your wife (in a contested case) is palpably barred by limitation. She would have to make out a good sufficient cause for having preferred the appeal late. You would get a chance of rebutting her plea of sufficient cause, because her appeal is not admitted still and cannot be admitted until you get a chance on the question of limitation. In any case the court should not in the fitness of things overturn the decree because that would invalidate your second marriage. Argue strongly and get it dismissed as misconcieved.
ajay sethi
(Expert) 02 April 2012
do not avoid the notice . engage a local lawyer . you have remarried after 3 months from date of diovrce .appeal period is 90 days from date of order . since order was passed on 28th januray and remarriage is on 5th may ie after expiry of appeal period your marriage would be valid .
the petition has been filed after expiry of limitaton period . however a clear picture will emerge on going trough the case papers
V R SHROFF
(Expert) 02 April 2012
BHARAT, THOUGH YOU ARE RIGHT IN THEORY, as far as 90 days are concerned, but in PRACTICE, THE PERIOD OF APPEAL IS EXTENDED FOR RECEIVING CERTIFIED TRUE COPY OF DECREE, THAT VCOURT USUALLY TAKE 3 MONTHS TO DRAW DECREE. In this case, we don't know the contents??
It is usually 3 months to get a Certified True Copy , that is to be added to 90 days, So we speak 6 months waiting period in normal cases,
Court take almost 3 months to prepare DECREE OF DIVORCE., thereafter they issue Certified True copy, and Limitation Period starts thereafter.
So unless we get a clear picture, We cannot say, her Appeal is Time barred or not..
Dear Bharat, Do you think, High Court is so foolish to ADMIT time barred appeal?? Nor do her High Court Advocate will commit this Mistake.
For Remarriage, one must wait for Six months for this reasons, or they are in Soup.
[ This is not applicable in MCD, as no Appeal]
[This 6 months apply in CONTESTED DIVORCE, though Sec 15 HMA apply, it clearly states : The time of appealing expired without an appeal having been presented. Now that period is not over, due o delay in obtn Certified copy ]
High Court is very strict and check everything before admitting any case. , It goes thru several tables and officers who check the Appeal.
That's why I said, he should have waited till Agu 2012 for safer side. He should have married , but nor registered it. Then he had choice to declare any date as date of Marriage. , than Only we can save him from this jugglery. Otherwise he will face now..
I m sure, the Appeal must be within Limitation, as I clarified, waiting period to get certified copy, over and above 90 days , TOTALING ABOUT SIX MONTHS.
HIGH COURT RARELY COMMIT SUCH ERROR.
I hope it is clear to you. [The basic difference between Law & its Practice]
Raj Kumar Makkad
(Expert) 02 April 2012
I have also the similar views as expressed above.
V R SHROFF
(Expert) 02 April 2012
why mr Rao is silent, after our assumptions of facts???
Adv. Chandrasekhar
(Expert) 02 April 2012
I agree with adv. Bharat chugh. Her appeal is time barred. You accept high court notice and appear on the first date and file your second marriage documents. The court will dismiss her appeal on the ground of limitation.
Shonee Kapoor
(Expert) 02 April 2012
Right queries raised, the same needs to be answered for better replies.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
G V RAO
(Querist) 03 April 2012
Shroff: The waiting period of 6 months is normally applies to mutual consent cases and not for contested cases or ex party cases.
As per law, 90 days is waiting period to see for any appeal from other party and take a decision to get remarry. In case of appeal from one party within a appeal period, the other party cannot get remarry unless highcourt dismiss the appeal.
Request experts opinion..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 April 2012
Appeal is not barred it is filed in time , just because you received notice late is no excuse.
You should have filed caveat to receive notice early.
V R SHROFF
(Expert) 03 April 2012
Shri Rao , I know what u says here. quyestion is, how long a contested divorced husband should reasonably wait after a decree of Divorce by Family court, and I replied SIX MONTHS.
RESAON IS TO AVOID THIS JUGGLERY OF NOTICE OF HC THAT U RECD NOW!
90 DAYS IS NETT,
WAITING PERIOD OF DRAWING DECREE AND RECEIVING TRUE COPY THAT USUALLY ANOTHER 90 DAYS SO TOTAL 180 DAYS IS 6 MONTHS THAT I CLARIFIED.
MCD , NO ONE HAVE TO WAIT AFTER DECREE
If u r sure mr Rao, u shd not have asked Query.
Shroff
Shonee Kapoor
(Expert) 05 April 2012
After the decree 90 days is the statutory waiting period. If you have got notice, you can remarry.
You won't be prosecuted for bigamy after that.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
