Second marriage after divorce
Shahnawaz
(Querist) 10 April 2013
This query is : Resolved
I had inter religion marriage with my ex-wife ,which came to be dissolved by family court as she wanted a divorce,and I filed for Judicial separation.
Marriage has been dissolved by Family court on 26th February.
I had challenged the verdict in High Court on March 1st which still has to be accepted.
Last week i came to know that my ex got married.My question is under which provision of law i can file case against her?
My assumption is based on the fact that both parties had to wait for 3 month from the date of verdict before re-marriage.Please help
Devajyoti Barman
(Expert) 10 April 2013
If your appeal petition is pending and there is no stay on the operation of divorce decree then her second marriage is still valid unless and until you succeed in appeal.
If there was such stay then criminal case of bigamy would lie against her.
prabhakar singh
(Expert) 10 April 2013
rightly opined.
you filed appeal on 1st of march against judgement of 26th feb then where is the wait
period now?
Only stay matters.
Raj Kumar Makkad
(Expert) 11 April 2013
If the re-marriage is performed within the period of 3 months of waiting period, then the same is illegal. Amend the appeal and seek the subsequent marriage to be declared as null and void.
CA Ayush Agrawal
(Expert) 11 April 2013
Dear Author,
Experts have nicely answered.
Just I want to ask one thing personally.
why you want to file a case against her.
if she got married then what the problem.
do you really like this all court and laws.
because one should keep away himself from these courts and judiciary.
what my opinion is do whatever you think fit.
if she/he is not hurting you then one should not file any case.
because atlast you will find that nothing is there in filing cases just to hurt others. because ultimately its our loss only.
thanks and it was just my personal opinion.
Regards.
V R SHROFF
(Expert) 11 April 2013
I SUPPORT THE VIEWS OF Mr. Ayush Whole heartedly.
Forget her and start new life, new wife.
Someone may need you and your support/ company very badly. Help her, and god will certainly reward u with happiness.Give Happiness to others.Make someone happy.
CA Ayush Agrawal
(Expert) 11 April 2013
Thanks Shroff Sir.
I saw Many person (either he or she) even after taking divorce they want to hurt each other.
why ?
since there are lots of problems in every one's life ....why they want to add more...just to disturb..
why they can't see other to be happy...
since now its all finished...now no relation...but again they want to start these all...
Adv. Chandrasekhar
(Expert) 11 April 2013
The marriage during the appealable period is null and void. She married during the appealble period, which is expressly prohibited in the law, with an intention to frustrate the appeal and to overreach the court. Contest the appeal as it is, but file a separate case for declaration of her marriage as null and void. It is bigamy as per Indian Penal Code and punishable. But you must remember one thing, that you should inform her that your appeal is pending before the H.C. against the decree passed by trial court. A decree holder, who does not receive notice of appeal from the court or the appellant need not wait for his/her second marriage, after the expiry of appeal period.
prabhakar singh
(Expert) 11 April 2013
Ayush has given a humanitarian touch to your query and it is appealing.
