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Subroto Sarkar (Consultant)     06 November 2013

Separated 20yrs expartie divorce but used husband tittle

A lady married 25 years before. Husband stayed for 3 years. Gave birth to a baby. Deserted her after 3 years. The lady took an exparty divorce.But she continued her husband name without a break. Using husbands name so long does it not set aside the exparty divorce.Now she wants to remarry after a gap of 25 years. Is such marriage legal? Is her new husband safe from legal prosecution for marriyng an already married lady. 



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 6 Replies

Sudhir Kumar, Advocate (Advocate)     06 November 2013

nothing illegal on her part

Sudhir Kumar, Advocate (Advocate)     06 November 2013

ex-parte order could have been challanged for review within a month or appealed within 3 months.


(Guest)

But such person should be ashamed of using the ex-husband's name even after getting ex-parte divorce.  Divorce means end of matter, shut shop, game over.  Legally nothing can be done by husband.

Ranee....... (NA)     06 November 2013

I read such a case law here that ex husband's title can not used by divorced wife.

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But personally I feel there is no necessity of changing own title by girls after marriage.What's wrong in own or father given title?Any girl with little self respect will not do it.


Laxmi Kant Joshi (Advocate )     06 November 2013

Yes her marriage is legal , she is doing her marriage after taking divorce .

T. Kalaiselvan, Advocate (Advocate)     06 November 2013

The dissolution of a marriage by a decree of divorce, whether an exparte decree or contested decree, it is a decree and stands good holding it legally valid unless it was challenged before the higher court and the said decree was set aside by the higher court on an appeal preferred over it.  Therefore the marital status of that lady is 'divorcee' which means as per law she is fully eligible for a re-marriage.  Using her husband's name all along even after divorce cannot be claimed as a ground for subsistence of her dissolved marriage.  Please make sure that the her new husband is not having a marriage subsisting on the date of this marriage which will render him ineligible for a second marriage or face the offence of bigamy (as per Hindu law). 


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