is my second marriage valid?
LucknowGirl
(Querist) 15 February 2010
This query is : Resolved
Kiran Kumar
(Expert) 15 February 2010
well, u r safe unless and until the earlier ex-parte divorce is set aside.
if it is proved that u ve procured the divorce decree by way of fraud or by misguiding the court or have used illegal means in getting such a decree then it can be set aside.
contest the application on merits and prove ur bonafide....certainly u ll ve to prove that ur ex-spouse was aware of the proceedings.
Kiran Kumar
(Expert) 15 February 2010
if he used appear in the proceedings and intentionally absented from the subsequent proceedings, then he will not be getting any relief from the court.
as u ve mentioned he has intentionally mentioned lesser days for condonation, it will be a good point in ur favour.
if the decree is set aside then certainly the second marriage does not remain valid.
but keeping in view the facts of ur case, i dont think ur ex will be getting any relief.
give reply to the application mentioning all the facts.
