After setting aside of ex-parte decree what is the status of

you can file conempt petition against your husband and appeal to court to declare his marriage null & void. produce registered document in court with contempt petition and pray for dissolution of his marriage.

Adv. NIKHIL SETH

Mumbai.

1. See one can marry the same day once such Order is announced and then Signed by a ld. PO of a competent Court.
2. However, 30 days is Appeal period for all ex-parte Decree and 90 days for Mutual Consent and Contested Divorce matters.
3. You applied on 40^th. day or thereof and got it set-aside after a year's struggle. Then you came to know of his second marriage.
4. No where you say you got some injunction relief on day 1 of 40th. day of your Appeal!!! You probably got relief after 40th. day and final relief in Appeal after 1 year which looks to me.
5. Now if you further say he has got Registered his marriage in 30 days once signed Order copy of ex-parte he got i.e. 1 year ago in absence of any injunction or stay or knowledge of Appeal in those 30 days limitation period to him it is difficult to make his second marriage void now. here I mean that he came to know probably of the Appeal after 40 days of an ex-parte Order and by that time he already got himself re-married as it looks to me.

However these are all technical time-line based argumentative matters and unless one sees complete material records as in a Chamber discussions I stand by above semantic opinions.  

sir,

when i came to know that my husband got an ex-parte decree, very next day i filed the application for setting aside. same day court restricted him from remarriage, 1 hearing was after one month, he apeared and got a fresh date but did not mention anything about his mariage. on 2 hearing he himself said in his objections that he got married before the injunction order, but his registraton shows the marriage was registered after 1 hearing. so registratin was done when the injunction was there.

now will u guide me plz

I would really like if Ld.Tajobs could enlighten us by providing the provision for 30/90 days appeal period. 

Originally posted by : anju
	sir, when i came to know that my husband got an ex-parte decree, very next day i filed the application for setting aside. same day court restricted him from remarriage, 1 hearing was after one month, he apeared and got a fresh date but did not mention anything about his mariage. on 2 hearing he himself said in his objections that he got married before the injunction order, but his registraton shows the marriage was registered after 1 hearing. so registratin was done when the injunction was there. now will u guide me plz

He seems to circumvented the trouble. See, one may register marriage AFTER FEW DAYS OF MARRIAGE, NOT ON THE MARRIAGE DATE ITSELF.

I have not read the fine lines of his version, but what seems that he has submitted that I have married on say 31st day of decree (when there was not legal restriction 4 him........and merely registered it on 50th day, its allowed, no contempt.

In my opinion after reading further facts of your case, in such cases it has been mostly decided by the Hon'ble Supreme Court as well many Hon'ble High Courts in India that the spouse against whom ex-parte decree of divorce is passed is not getting much relief as far revoking the decree of divorce is concerned, maximum "financial relief" in the form of cost may be allowed to such spouse but that too depending on the facts and circumstance not in every case.

See, your case hangs on fine line of interpretation and can be dismissed is my view with a reasoned Order.

The re-marriage date here is important consideration which he himself is saying twice as you pointed them to us.

The injunction obtained was of later date. It is known fact that Marriage Registration Certificate always dates to 30 plus days and never issued on same date of marriage which here will obviously date to a further date by when injunction Order already you managed but by then he got himself re-married in absence of any injunction Order in writing hence your Appeal becomes infructuous now. My mere knowledge of Appeal is no ground not to re-marry (stay order should be there and in instance case it is very difficult to get one without serving Notice and removing the Bar of Appeal to set aside an ex parte Orders in matrimonial cases)

Hence, I still stand in favor of Chamber discussion with case papers for installing clarity with time line and relevant Law in hand.

Dear anju,

First Legal Point.

If he marry before the injunction and after 30 day appeal period, then his marriage is valid even if he registered the marriage after injunction since the act had already been committed. Also if he is married then high court will stay lower court order if your husband appeals.

Now Personal Point.

Sister, i too have gone through exactly the same pain as you. My and Your story is same. I was lucky that i got ex-parte decree cancelled much sooner and my exhusband had cheated and gotten married even though there was a stay order saying he should not. the high court held his second marriage valid, cancelled lower court order.

I keep fighting for my pride and right as in our society... hope u understand. after lot of bitterness and fighting when many years had passed, only money spent on lawyers and court. i had gotten old and now i can not even get marry again as i am over 45 yrs with 15 yr old daughter who i take care alone. last year he got judgement from supreme court that divorce is granted and his second wife is valid marriage so ex-parte divorce upheld. i can only get alimony. i then had to settle for 2.5 lacs alimony that i kept aside for my daughter marriage.

So Sister if he was really yours he will not have taken divorce only. Now he is married also. i will only say that dont waste your time on him but live your life. woman is not weak. she is powerful. fighting for Ego is of No Use if after many years also you will lose. it will be too late to restart your life after that and too late by time you realise. i know you want to teach him lesson but, even if you win, you will not be able to stay with him. then why waste your time. God will teach him lesson. I will only say again that dont waste time, leave him. Take your money and restart your life otherwise like me it will be too late for you.

But you must protect your money intrest for future so ask him for full alimony. Take the money and restart your life.

your sister like you

puja

HI TO ALL

SUPPOSE IF HUSBAND OBTAINED EXPARTE DIVORCE BY PLAYING FRAUD UPON THE COURT AND AS WELL AS OPPSITE PARTY  AND DONE SECOND MARRAIGE. 

 came across one of the situation where husbad has send notices to first wifes vaccant house by misleading his wife and court and in lieu of his cheif evidence he created his presence in family court while he was judicial custody for offence 498a and obtained exparte divorce by palying fraud upon the court.

this was came to know by first wife after 8 months while set aside on the above  grouds court has taken sumoto and cacelled the divorce.ad declerared he palyed fraud upon the court.

 now recently first wife came to know during this eight months gap already the husband married another lady and she got all valid proofsof second marraige. But husband never said about his second maraige any where.

My questions for above are..

1) Is he guilty for the offence of bigamy?

2)is second marraige is valid?

1) Is he guilty for the offence of bigamy?

YES.

2)is second marraige is valid?

NO.

There are lot of views and opinions from various experts.  Out of them I strongly support the opinion of  Chandrashekar, Advocate. 

As per the Hindu marraige Act, the husband even though got exparte decree should wait for a considerable time to remarry.  Exparte decree is an exceptional order and the loser of the case can file set aside exparte petition at any time, by condoning the delay.  Hence, one should be cautious in case of exparte decrees, unlike contested decrees and compromised decrees. 

Here in this case, after passing of exparte decree, the husband should wait for further more 3 months appeal period.