Can i remarry during appeal period in case of expartee divorce
25-Jun-2023 (In Divorce Law)
i female, got contensted divorce through expartee provision on 19th May 2018. The opposite party had no interest during the entire course of case and court hearing . No one ever came to court . Even 8 notices were received by my husband's parents and they replied " they have no contact with their son and they don't know where he is living " . Actually that guy is a spoiled human being involved in all sort of wrong activities and has left home in 2012. Now I am going to remarry on 1 July 2018 and I have two kids also. I am in hurry because my kids education is getting hampered because of all this. I have few questions and need guidance. 1) I am marrying in Arya Samaj Temple and will register my marriage on 19th August 2018 ,after completion of 90 days appeal period . If no one appeals in this left over period , will there be any problem once this period lapses ? 2) can the opposite party raise an issue after few years that I married in appeal period ?
If within this Appeal period, no appeal is preferred and you remarry after the said 90 days, then there is no such legal problem. Because if the other party wants to challenge the decree, then if stay is not there then that has no meaning in practical.
You can remarry on date you decided. This is ex patre divorce. After decree from court , you are waiting for more 3 months. But if doesnt come , you can remarry. Dont worry go ahead.
You and his family members dont know where your husband from july 2012 , there is one presumption in IPC, ' if any person is missing for 7 years he should be declare as dead '
You and his family members dont know where your husband from july 2012 , there is one presumption in IPC, ' if any person is missing for 7 years he should be declare as dead '
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