windowsxp 26 March 2018

Validity of new marriage after one year of decree

Dear Experts,

My frnd got divorce granted in favour of him the month of jan-17, after 60 days of decree his ex went for msicellaneious first appeal in the HC, its been more than a year around 14 months he got divorce decree and more than 11 months his ex approached the HC for appeal, the case status in HC website is still in "pending for admission" status.

1.he has not received any notice till today since it is still in pending for admisssion status.

2.it's been more than a year the decree has been issue and around 11+ months the case is hanging in HC for admission, so what are the possibilites of case to be admitted for further process.

3.next month his marriage was fixed is his marrige valid considering the above facts?

4.i read in a artice after a year of separation after decree, case wont be admitted by HC.

kindly provide your valuable suggestion on the above queries.

Thanks in advance.

Srinivas

Reply Follow

8 Replies

Vijay Raj Mahajan (Advocate) 26 March 2018

Firstly, why don't you ask this question to the local advocate duly paid by you, asking all such questions here and that too free of cost. Decree of divorce not set aside is valid and no stay granted by High Court against the Family Court order and decree, the person can remarry now after more than 1 year of grant of divorce.

windowsxp 26 March 2018

Thanks for the reply Vijay, I'm actually a student of law, can you answer all queries please? My frnd is not getting proper response from his lawyer they too don't have much knowledge so I approached for the experts in this forum.. Please advise on the queries if possible for you.

windowsxp 26 March 2018

Kumar Doab (FIN) 26 March 2018

Ask your own very able seniors i.e LOCAL counsel of unshakable repute and integrity specializing in matters at your hands and concerned field of law and having successful track record …………….and worth his/her salt…

They won't refuse to update you..

windowsxp 26 March 2018

Thnx for your replies, I felt like this forum was there for a reason, I tried nd got mixed responses from seniors, experts to get more clarity I came to this forum, I think I have wasted Vijay and Kumar sirs valuable time by raising this question..

windowsxp 26 March 2018

Dear Ramesh Singh sir, marriage was not dissolved my question is with 90 days appeal period my frnd ex approached HC, but the case was pending for admission since 11 months, since it is not admitted he didn't received any notice but he knows the fact of approaching HC for appeal from website, so two questions 1. Decree is more than 12 months old so do HC admit her appeal and send notice to my frnd? 2. If he receives notice before his marriage what is his position do he proceed with marriage or not? Even if he marries ignoring the notice is his second marrige valid?. Kindly let me know ur opinion on my two questions. Thanks in advance..

Adv Radhika Mehta (Advocate) 26 March 2018

Originally posted by : windowsxp

Dear Experts,

My frnd got divorce granted in favour of him the month of jan-17, after 60 days of decree his ex went for msicellaneious first appeal in the HC, its been more than a year around 14 months he got divorce decree and more than 11 months his ex approached the HC for appeal, the case status in HC website is still in "pending for admission" status.

1.he has not received any notice till today since it is still in pending for admisssion status.

He ought to have been served. The admission has nothing to do with service.

2.it's been more than a year the decree has been issue and around 11+ months the case is hanging in HC for admission, so what are the possibilites of case to be admitted for further process.

The case will be admitted in the due process of time.

3.next month his marriage was fixed is his marrige valid considering the above facts?

Yes. Since no stay has been obtained on the lower Court order dissolving the marriage, the marriage will be valid. After 90 days of the Decree, it is legal for a person to get remarried.

4.i read in a artice after a year of separation after decree, case wont be admitted by HC.

Your interpretation is wrong. There is no such law.

kindly provide your valuable suggestion on the above queries.

Thanks in advance.

Srinivas