Legal Question in Family Law in India

decree of divorce is passed by family court,wife appeals in high court within three months,husband is not accepting the high court notice(avoiding).can he remarry saying that he did not receive the notice.


Asked on 9/09/13, 11:17 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The "point of time" important is filing of appeal and not receipt of summons by you. If you remarry in this situation, the second marriage will have no legal sanctity. In other words, there is an automatic stay of divorce decree on filing of appeal by opposite party.

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Answered on 9/10/13, 12:52 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

It may render the second marriage null and void.

Thanks & Regards

Adv Rajiv

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Answered on 9/10/13, 2:20 am
prasad patil

dear client if he remarry within 90 days from date of order of divorce then u can file application to declare his second marriage as null and avoid. do one thing file urgent civil application in high court and get the stay on his proposed marriage till the disposal of appeal. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 9/10/13, 5:16 am


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