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Francis   17 June 2016

Advice

my wife got exparte nulity decree based on my epilpesy and i have appealed against nulity and appeal is in process with both appearing.she has got remarried i came to know from relatives and neighbrs in mumbai. Are we husband wife during this appeal on nulity? does application of section 15 of hindu marriages act during appeal process of divorce or nulity make relation between me and wife in the appeal process one that of living spouse knowing that she remarried knowing that i am alive.I want to file case on her



Learning

 6 Replies

A walk alone (-)     17 June 2016

No you are not husband wife during your appeal as decree has been granted. Why do you want to file any case on her? This is only wastage of time and money. Accept truth she has already get decree. If by chance your appeal get accepted what you will get? No one can force her to live you . She has already move forward in her life. Why dnt you want to move forward? Live in present otherwise you will only waste money time in roaming courts and will get nothing.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     17 June 2016

You may challenge said judgement and decree before superior court

Nitish Banka (lawyer)     18 June 2016

please prefer appeal

Warm Regards,

Adv.Nitish Banka

9891549997

Vakalath (Vakeel No. 1)     18 June 2016

No doubt u r chetaed by this woman.  You seek revenge? Go appeal.

Provided you take this as full time job, go for appeal, question her exparte, fight case in lower court and get her null and void dismissed, file RCR, win it, then go for execution proceedings if she does not cohabit with you, court will take over her assets, sell it via auction and give proceeds to you or hand over property itself.

prabhakar advocate (advocate)     18 June 2016

Your case depends on the following points:

1.  Have you appealed within 90 days of passing of exparte decree?

2.  When she appeared in appeal first time, was she already got married or after appearing in the appeal, she got married?

3.  Whether she married or has an informal arrangement to live with some other person as wife and husband and can you bring any solid proof that they got married in accordance to the religious customs and rites.  In the absence of that, you cannot put bigamy case against her.

Francis   18 June 2016

Sir,

1) Yes I have applealed within 90 days and the appeal was accepted by court

2) Post the appeal she was having full knowledge of appeal she married 

3) yes I have the video of hindu ceremony and the invitation from both parties,their honeymoon tickets etc.

Once more to clarify if the appeal process challenging the exparte decree of nullity is underway what is 

a) Is the relationship of my wife that of a living spouse?

b) Section 15 make it unlawful for one to marry during an appeal process and hence is it not implicit that there is a relationship during the appeal process, till the appeal process reaches it's verdict?

Thanking you


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