Legal Question in Family Law in
i got ex parte divorce decree in june 2010. now after 90 days , can i think about 2nd marrige? my maintanance case is pending u/s 125 hma from first wife, she filed this case on december 2008 from fake address, till today , we never replied in court, we are taking dates only. but in other court we filed divorce on behalf of that case (u/s 125) & attached certified copy of this case for address.she accepted the sepration of 18 months when she filed case u/s 125 in dec 2008. our court sent many summons (as address was fake so no reply was there) & then gave us order for publication in newspaper. so after five months of publication, court granted us divorce decree. now the question is , if i go for 2nd marrige and she comes to know about that (ex parte order & 2nd marrige). can she challange my 2nd marrige? she is from uttar pradesh & i am from delhi. she filed case in u.p & i filed case in delhi.pls consider.
2 Answers from Attorneys
when was the decree of divorce granted in your favour. in case you do not hear from her for next 120 days from the date of decree, you may go for marriage.
Period of appeal is 90 days. If you had given the same address of UP as she had stated in her 125 case, you are a free bird.