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Choudhary   31 August 2015

Second marriage after divorce from family court

If a man get divorce from his first wife, also win section 25 from lower court. He waited for 90 days and no information come to him about any appeal from the court. So after 4 months, he did second marriage. Now he is been informed that an appeal is been filed on 90th day in high court against divorce. It is more than 2 months now (after completion of 90 days) when this information is coming to him.

Can you please guide what can be done ? Can he declare that he already done second marriage after waiting period in court ? Please guide.



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 10 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     31 August 2015

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.

Choudhary   31 August 2015

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 ?

SAINATH DEVALLA (LEGAL CONSULTANT)     31 August 2015

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.

prabhakar advocate (advocate)     31 August 2015

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

narapa reddy yennam (law officer)     31 August 2015

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. 

SAINATH DEVALLA (LEGAL CONSULTANT)     01 September 2015

U must have received notice from HC regarding her appeal.

Choudhary   01 September 2015

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 ?

SAINATH DEVALLA (LEGAL CONSULTANT)     01 September 2015

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

sushi   20 September 2015

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


(Guest)

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.

 


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