Legal Question in Appeals and Writs in India

If the husband get a decree of divorce on 20-3-2011 than the appeal period for 90 days stands to 20-06-2011.

After getting divorce he wait for 3 months and then remarry on 28-06-2011 i.e. after 7 days of crossing the appeal period.

But on 02-06-2011 the 1st wife gone to High Court and submitted an Appeal Petition and also a petition for stay order on the decree of divorce which was admitted/ accepted by the High Court.

The husband after 2nd Marriage gets the notice on 5-07-2011 i.e. after 7 days of 2nd marriage and 15 days from crossing the last date of appeal.

Now question is that: -

1. The husband wait for 90 days from the date of getting a decree of divorce from Family Court than he goes for 2nd marriage but did not get the High Court notice in time. Whether the 2nd marriage is legal or void?

2. Whether the 2nd marriage is a punishable offence for the Husband?

3. and if so, under which Rule/ Act/ Judgments so that the husband could be punished ?

4. or under which Rule/ Act/ Judgments the husband may be exempted form the charges for availing the gap period for 2nd marriage between the last date of appeal and getting a notice from the High Court ?

Pls suggest with Rules, Reference Judgments and Act.

Rajeev Dey, Assam


Asked on 7/28/11, 2:38 am

1 Answer from Attorneys
Somnath Bharti Bharti & Associates (Advocates and Corporate Lawyers)

You need not worry, just remain stuck to the position that you waited till the right to appeal in favor of the other party extinguished. A legitimate right accrued to you and the new lady can't be done away with now. Rather you should see if the other party in appeal and in the condonation of delay application has brought this fact to the knowledge of the court. If not, then slap them with a perjury.

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Answered on 8/01/11, 8:09 pm


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