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Ravi (SSE)     11 June 2012

Remarry after x party divorce

How soon can a person remarry after X-Party divorce??



Learning

 4 Replies

Kiran Kumar (Lawyer)     11 June 2012

the person may marry at anytime...but once the things come to the knowledge of other spouse then the other spouse will have 30 days time to get the exparte order set aside.

 

and if the ex-parte order is set aside and subsequently the divorce petition is dismissed then the second marriage will become void.

MRRpersonality (Knows very little about Indian laws)     11 June 2012

Sorry for the naive question, but does the court include a condition in the ex-parte decree that the decree is valid only after 30 days ?   If not then if the person remarries following the decree, how the court can nullify such a marriage ?

set aside petition can also be filed after 30 days as well,  and much later with a petition for condoning the delay.  What happens in such cases ?   Why penalize a good marriage in support of a spoiled relation ?

Ravi (SSE)     20 June 2012

Thanks for your help, Kiran.

i got x party divorce.

Can you educate me the process for marrying again in delhi.

 

Mahesh (BT)     21 June 2012

Person "A" (Male) got divorced in Lower (Distric) court  on 15th Mar 2011 . Person "B" ( Female)  appealed for divorce stay order in High court on 28th April 2011. But the Stay order notice is not serviced to Person A nor to his lawyer. Person A has got Married on 15th May 2012. Now the Person B files complaint in police against Person A for re-marriage (IPC 494). As there is no evidence of re-marriage ( Not registered ) Person A  is fighing in lower court saying  he is not re-married.

Current status of Stay order  in high court is shown as " Pending for admission"

Following are the question:-

1.  Can person A  files a dismissal case of  high court Stay order ?

2.  Do the person A needs to wait untill person B does further process in High court regarding Stay order?

3. What are the possible ways that Person A could make stay order active and take it for further proceeding? ( Person B objective is to harrass and money extorction from Person A, there is no intension of Person B re-union with Person A)


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