Legal Question in Family Law in India

Hi,

I had filed for divorce against my wife in 2006 and was granted divorce by the family court in Oct'2010. In the decree it was stated, that either party have 30 days to challenge the order. I remarried again in Feb'2011 as I have three children to be taken care of. My ex-wife went ahead and filed a case in the high court stating that she objects the divorce granted by the family court and also put a stay on my re-marriage (she is unaware of my remarriage). My advocate advised me not to tell the court about my remarriage. Will I be facing a problem in the future? Is my second marriage void now? Isn't there any solution out of this?


Asked on 2/27/12, 12:02 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i think you must tell the court about your remarriage in case the same was done as the same was solemnized after the stipulated period of appeal. in case you suppress this material fact, it may go against you. you may file an application for dismissal of her petition on the ground of it being infructuous as you already re married. your second marriage, in above circumstances, is not void.

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Answered on 2/27/12, 12:10 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

A divorcee is entitled to remarry after expiry of limitation for filing appeal. If the appeal was filed within limitation, your remarriage will be illegal, otherwise not. Therefore, concealing information about remarriage will not help.

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Answered on 2/27/12, 5:02 am


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