Legal Question in Family Law in India
after obtaining legal divorce from trial court the husband has remarried after 90 days of obtaining certified copy of divorce decree. within this period the husband did not receive any notice of appeal from high court so after he did not receive any notice of appeal in above period he got remarried. but now after remarriage he got notice of appeal after 100 days of divorce but on notice it was mentioned that appeal was filed within time i.e. within period of limitation of 90 days but notice was delievered after 100 days. so my question is WHETHER SECOND MARRIAGE OR REMARRIAGE OF HUSBAND WILL BE VALID OR VOID. FURTHER CAN HUSBAND BE HELD LIABLE FOR BIGAMY BY SECOND WIFE OR NOT AS HUSBAND WAS NOT IN PICTURE ABOUT FILING OF APPEAL AND GOT NOTICE ONLY AFTER 100 DAYS OF DIVORCE. 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 ? answer not replied satisfactorily by first expert. keeping in mind limitation act of appeal any second expert opinion on the subject please.
1 Answer from Attorneys
as appeal is filed within limitation, if the decree of divorce is reversed in appeal the second marriage becomes void. Even if limitation for filing appeal is 90 days from date of judgment and decree, the appeal can be accepted after period of limitation of 90 days by filing delay condonation application showing reasonable cause to the court. It is not that the notice to the other party should be sent and receive within 90 days.
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