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Counter claim for divorce dismissed ex-partee
03-Sep-2023 (In Divorce Law)
I am the wife & I found the following lines in my matrimonial suit : During the pendency of hearing of suit, no step was taken by the petitioner husband. So the suit filed by him was to be dismissed. But as the respondent wife has filed a counterclaim for a decree of divorce it was fixed for ex parte hearing of counterclaim. The final decree of a matrimonial suit states , " Hence it is ordered, counter claim dismissed & exe party without cost. Decree sealed & signed on this date. "nI want to know : Does it mean divorce granted? Please help, I am in trouble. I have married again. Is my marriage invalid? Will I get punished by law?
from what I can gather your divorce application which was a counter claim in the suit by your husband has been dismissed. hence you are officially not divorced and your marriage is subsisting. which means your second marriage is not only void but also illegal. hence you are on a risky zone.
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B (Delhi),
Advocate,
Hon'ble High Court, Calcutta.
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B (Delhi),
Advocate,
Hon'ble High Court, Calcutta.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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Until and unless the Plaint, Written Statement with Counterclaim and the Judgement and final Decree be scrutinized from legal standpoint, it's legal implications cannot be ascertained. If you are seeking teleconference after document scrutiny upon online payment of professional charge, then can whatsapp.
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Adv. Sinjari Bandyopadhyaya Banerjee
Kolkata | 400+ Answers
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yes if you have got married before getting divorced or after date of divorce decree after 90 days one can marry if you have not obeyed the laws of the land then surely you will suffer but need properfacts to guide you better
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Adv. Aveek Bose
Kolkata | 500+ Answers
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