Legal Question in Family Law in India

1) It is best that you would have waited for 90 days and filed caveat before the High Court against appeal to know, because that is the period where an appeal can be made against the order of Divorce. If a person marries between that period and an appeal gets the Divorce decree cancelled then, not only will the second marriage be void ab initio but also the person will be guilty of Bigamy under Hindu Marriage Act, 1955.

2) Read section 28 of the Hindu Marriage Act,1954 :

Appeals from decrees and orders.-(1) All decrees made by Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

--Orders made by the Court in any proceedings under this Act, under Section 25 or Section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.

--There shall be no appeal under this section on subject of costs only.

--Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.