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Vinay Kumar Dewangan (Prop)     05 February 2012

Suggestion on ex-parte divorce after once apeal dismissed

Dear all,

I had got an Ex-parte divorce on Aug 2010 and after two months she filed 9 (13) and condonation of delay for setting aside the Decree on the ground summons not dully served. This year on Jan 12 the appeal from her was dismisses on the ground that summons was served and she was not appeared evenafter the hearing date was known. 

My question is : (a) Now am i eligible for marry now after this? (b) After second marriage will other cases effect which is running agains me(498 A and DV and 125)?



 3 Replies

sridhar pasumarthy (ADVOCATE)     05 February 2012

Dear Vinay,

Read the following which is contemplated under section 15 of Hindu Marriage Act

 

 

15. Divorced persons when may marry again.

When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has dismissed, it shall be lawful for either party to-the marriage to marry again. 1[* * *]

So, you need not wait till the time of further appeal has been expired i.e. 90 days from the date of decree i.e. from 1-12-2012 and if ur wife keeps quiet without preferring any appeal, you can marry.  If your wife further prefers an appeal,  you need to wait till its disposal which may be in your favour and follow the same procedure as earlier.  Til;l then, u are not advised to marry till the order/decree became final.

sridhar pasumarthy (ADVOCATE)     05 February 2012

Sorry, one small correction.  Substitute "to" instead of "not"  in the first line of last paragraph.

 

Vinay Kumar Dewangan (Prop)     05 February 2012

But as i said my ex-parte divorce held on Aug 2010 and i got decree on the same date means 16 Aug 2010 and appeal was filed on 19 t Oct 2010 and the same was dismissed on 03 Jan 2012.

As per above The divorce will be final if an appeal has been presented but has dismissed.

In my case  appeal has been dismissed by family court.


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