Wife remarried, divorce set aside case is pending

plz tell when wife got ex-parte decee and when she remarried.

if she married after 90 days from decree date, then she is okay and you are wasting your time/money in courtm you too should re married.

otherwise also court will look at girl life and your application is not maintanalble

I agree with Rahul, there is a 90 days waiting period after Exparte or Mutual Consent divorce, After that Divorce decree can not be challenged in any Court of Law.

@RK

i differ with u on MCD divorce... there is no 90 days waiting in MCD,,,if someone gets MDC, he/she can get remarried very next day.

exemple: if MCD 2nd motion passed on 29.11.2012

then she/he can re-married on 30.11.2012

Ex parte was awarded in 2008. Petition for setting aside was filed in 2010 and this petition is still pending. Wife remarried in October 2012, and she is attending the set aside case from the beginning.

Newpal

Forget it, You wont acheive anything now since your wife remarried

Mr Rahul

90 Days period is there in MCD as well... I myself got the divorce under Mutual Consent and I am 100% sure abt that

I'm not agree

MCD is not a court order, its whats you both parties decide outside court and court just put its stamp on it.

so, matter settled outside  and wife already encashed the ch/dd given at the time of 13b(2),

means she accepted this settlement money and consented for divorce.

@NEWPAL

I'm surprized that after 2 year( 2008 to 2010) you filed for set aside application., i think that judge is foolish who issued notice, and even then if he isued notice and wife is attending from day one.. why not judge either allowed or dismissed in 2 years.

is there any stay order granted by court "NO to remarry" to wife in 2010 when you filed this set aside ?she attend this boldlym, because she she know.. there is nothing worng on her part.

there is nothing left for you in this case

where were you were in between 2008- 2010?

Rahul

MCD decree can also be challenged if either party proves that Consent was obtained by coercion or without free will.

Therefore there is a 90 days waiting period in law. Please check with your lawyer.

@RK,

Did your mcd challenged?

If there is stat on the decree, the remarriage is unlawful....

anyways.....it is better to think yourself

now that entire exercise would be futile not for winning the legal battle

but the battle on emotioanl lever is over...

good that yoiur wife has no claims over you...

just leave it

try for another girl...but verify all the things before getting married

God Bless you...

All the best

As far MCD is concerned, what proofs the opposite party wil bring that the consent was obtained by fraud/under pressure; because both parties appear physically b4  FC judge, he specifically asks these very questions, parties record their statements.........then same procedure is repeated after 6 months.

If consent was under pressure/obtained by fraud, party got so many chances to correct it. In this situation, no appeal against MCD stands practically. So in MCD, parties are free to marry the very next day

agree with lodha

I completely disagree with Rahul and Lodha.

Regarding pressure, Wife can go back to the judge or can appeal and say that MCD was obtained at Gun Point wherein her parents were kept hostage and she was made to sign the statements in the court.

Indeed MCD decree can be challenged as well hence 90 days period is advisable. You can take advise from any lawyer as well.