How to enforce divorce in hindu marriage

550 votes

The ground of setting aside the ex parte decree is vital in your case. But in this scenario as you already contesting the case have patience have faith and enjoy the present moment.
You may not forced to live a conjugal life with someone you dont want but if she wins you may appeal for rivision in case of divorce she may claim her material rights as your first wife.

Advocate Deepak Kumar Panda LawRato

969 votes

A recent High Court ruling clarified that if the 2nd marriage has been solemnized after obtaining the ex-parte decree of divorce and no appeal was preferred against such decree within the limitation period or appeal having preferred was either expired or dismissed, the 2nd marriage is valid.

Kindly ascertain on what grounds has the decree been set aside and resumption of the divorce proceedings effected?

You can approach the High Court for quashing such resumption of the divorce proceedings but do that at an earlier stage much before filing your reply, if any, in the fresh proceedings.

Advocate Sandipan Mohanty LawRato

710 votes

No you re married after decree of competent court hence the ,,2nd marriage is also valid . If the ex parte order seaside the you are advise to challenge the said order in Honorable high Court on payment of permanent alimony divorce will be allowed as per decision of sc

Advocate Durga Prasad Jena LawRato

637 votes

Remarrying after obtaining ex-parte decree of divorce was of course a mistake on your part. As you have mentioned that the regular divorce proceedings are underway, it will not be wise to forecast anything in the absence of final verdict.

Advocate (Dr) Kamala Kanta Mohapatra LawRato

715 votes

dear sr
i want to inform u if ur decree of diverce is pure ligal which is given by family court so u dont wory no body can force u to accept ur first wife any prob arrise in this regard u can take legal action

Advocate Bibhuti Pattnayak LawRato