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

3 Answers from Attorneys

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