Legal Question in Family Law in India

Hi,

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 8/02/11, 2:48 am

3 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

As per the law husband has not committed the illegality in contracting the 2nd marriage.When the wife got the stay order why didn't see send the same to her husband or at least intimated him. Law simply says that anyone can do second marriage after the expiry of the period of appeal.

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Answered on 8/02/11, 3:34 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Goswami.

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Answered on 8/09/11, 12:39 am
Sanjay Kalra Sanjay Kalra & Associates

I differ with above opinion as the law expects the husband to be more vigilant to find out any cases against him in the high court before getting married. And what if the High court allows the appeal of the girl and where does the 2nd marriage stand ?

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Answered on 8/10/11, 2:58 am


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