Second marriage after divorce from family court

Yes she can go for an appeal even on the 90th day from the date of the order.If the HC deems it fit even further delay can be condoned particularly in divorce cases. UR friend should have waited till the appealling time is over.I feel he is in a soup as his second marriage will be an added advantage for the wife in her appeal.

But he waited for appeal time + 30 days. He didn't get any information till that. Was he not eligible for second marriage ? If not, then how could anyone ensure about appeal filed or not filed. Anyways, can you please provide any solution to the problem ?

Where from will he get information? Was his lawyer not aware of the appealing time at the disposal of the wife? Should have kept track of appeal.

Don't worrry.  It is the responsibility of appellant wife, who lost divorce case in trial court, should have informed the husband or his counsel through registered post that she was intending to file an appeal in H.C.  Further, advance appeal copy also should have been served on husband before filing it in HC.  In the appeal, you take the proof that the second marriage had happened only after 120 days from the date of verdict and an affidavit saying that you did not receive any notice.  The appeal, in view of the second marriage, will be dismissed.

Prabhakar (Advocate)

(M)9958670740

You can file your counter affidavit with the fact of your 2nd marraiage after elapsing appeal period. The court may consider your counter affidavit and dismiss the appeal. 

U must have received notice from HC regarding her appeal.

Thank you very much for your answers. One more question, what is correct number of days for filing an appeal in high court : is it 30 days or 90 days ? I have seen many times that appeal period is 30 days. If it is true, it will more help to my friend's case. Can anyone advise ?

Previously it was 30 days but it was amended to 90 days from the date of the order.

sir is the appeal period calculated from the day of verdict or the day when the certified copies are recievd from the court...also when it was amended to be 90 days

Querist - Itni kya aag lag rahi thi?  Is it likely that your and your wife's relations spoiled because of your this vagabond behavior? very bad.

No woman in Indian society would think of divorce so easily.

This is typical case and let court decide the matter. It would be preposterous for any one here to predict judgment.

but one thing is sure. You should at least now stick to truth.