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.
1 Answer from Attorneys
If, the appeal period is over and the husband has married after appeal and no appeal was filed in time than it is a valid marriage, further if the husband has obtained a divorce ex-parte by playing a fraud or mischief and the wife is placed ex-parte than the question whether the second marriage is valid or not will come into issue, and if the case is decided by contesting than the second marriage is valid and no fruitful purpose will be served even if the appeal is admitted as the appeal becomes useless as already he has married and the court will normally not come to rescue if there is delay in filing the appeal.
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