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Validity of Second marriage as per HIndu Law


11-Mar-2023 (In Family Law)
Hello .. I got exparty divorce.on 2012.and my ex husband remarried also. So I want to remarry . but now one person is there, he also exparty divorced person. He got divorced recently 90 days over. So we re married at Temple.with our parents also.but his ex wife is proceed to case fail again. Now.after our marriage. So please tell me our marriage is legal or illegal?
Answers (3)

Answer #1
743 votes
Hello,

You got ex-parte divorce in 2012, you are eligible to marry again and the person whom you married has also got ex-parte divorce and appeal period is also over, he is also eligible for marrying again. Your marriage is legal. However, the lady can still go for an appeal agsinst your present husband requesting condonation of delay in approaching the high court and if the appeal is admitted and if she can prove that your present husband has obtained the divorce by fraud or illegal means, the marriage can be revived again. Feel free to contact me if you need any clarification.
Answer #2
864 votes
Madam,
As on today your marriage is legal, valid in eye of law as both the parties to the marriage are legally competent to marry. But, if the ex party divorced wife came to court in future and seeks the court to set aside the previous order and contest the matter and after contest court comes to the conclusion that divorce was void and did not grant divorce, your marriage will become nul and void.
Answer #3
691 votes
Hi,
If the statutory 90 days appeal period is over, both the parties are free to marry . As per law your marriage is legal as your husband has waited for statuatory waiting period of 90 days and got married thereafter.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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