Legal Question in Family Law in India
The husband after 2nd Marriage gets the notice 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.
2 Answers from Attorneys
in case you waited for sufficient time after decree was passed, you may not be held liable for bigamy.
The relevant date is not the date of notice but the date of filing of appeal by your wife. In case she succeeds in appeal, your second marriage will be void.
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