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makmak (CEO)     04 April 2014

Post exparte order - marriage and setting aside

Dear Leraned member,

 I got my exparte divorce this month. Though Iknow few things about exparte order, I am seeking the views of fellow members especially from learned lawyers.

1) Once exparte order is passed, ( Here I am the pettioner and order is passed on account of respondent wife failure to attend the cross examination) I think after 90 days i can marry if the other party is failed to set aside.

2) If I marry fater 90 days, by chance if my wife sets aside the application, mean while I marry let us say on 91st day, what are her chances of appelaing against me on the charges of bigamy?

3) What are the options available for me to request the court to refuse the setting aside by my wife, because she set aside once the exparte-evidence stage and now exparte-order passed now due  to her failure in attending the cross exmaination.

Any parellal thoughts and help regarding this?



Learning

 2 Replies

Adv. Chandrasekhar (Advocate)     04 April 2014

Ninty day from the date of the divorce decree, if she will not file application to set aside exparte decree or appeal in High court, you are entitled to marry again on 91st day.  Then there will be no bigamy.  After that 90 days, she can file application to set aside exparte decree or can go for an appeal with necessary sounds in the accompanying application for condonation of delay, but you will be safe and once you show your second marriage, automatically her applications of both and/or appeal will not be entertained favourably.  But, if she moves either application to set aside exparte order or appeal and you come to know about it, you are not entitled to marry till disposal of that application/appeal.

Gautam Kapoor (IT professional Studying Law)     05 April 2014

) Once exparte order is passed, ( Here I am the pettioner and order is passed on account of respondent wife failure to attend the cross examination) I think after 90 days i can marry if the other party is failed to set aside.-> She can challenge the exparte within 90 days,showing failed health and other family conditions and in lieu of this seek transfer of case to her native place.Transfer of case whether tenable or not at this stage is a different matter.The primary motive would be to further harass you  so that you agree on settlement terms.

2) She may stay the divorce proceedings in the high court and seek transfer to her native place.You need to vaccate the order, should this case arise.

2) If I marry fater 90 days, by chance if my wife sets aside the application, mean while I marry let us say on 91st day, what are her chances of appelaing against me on the charges of bigamy?

-> NO BIGAMY.Better to keep marriage prospectus ready and take according actions after the period of 90 days.Submit to the court that you are married after 90 days.

3) What are the options available for me to request the court to refuse the setting aside by my wife, because she set aside once the exparte-evidence stage and now exparte-order passed now due to her failure in attending the cross exmaination. ->  You need to fight the case based on your merits.No other go.


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