Got married after exparte Divorce but bigamy case filed by first wife
10-Feb-2023 (In Divorce Law)
My cousin (hindu male) got divorced on ground of Exparte since the girl did not attend the court during the proceeding. Since the marriage was failed he got married within 35 days after getting the exparte order as per advice from his lawyer (30days for exparty order). This all happened 3 years back and recently his first wife had put a case against him on adultery and bigamy ground . Is this valid ? pls assist
In this Case your cousin got full rights over his first wife .
Because you got exparte degree
And also his second marriage solemnized was valid under law the marriage was taken place after 35 day .
If your marriage is taken place by after the suit was set aside
It should be wrongly on law .
So the case against adultery, bigamy is wrong one .it is not valid at all so your cousin got full rights
Because you got exparte degree
And also his second marriage solemnized was valid under law the marriage was taken place after 35 day .
If your marriage is taken place by after the suit was set aside
It should be wrongly on law .
So the case against adultery, bigamy is wrong one .it is not valid at all so your cousin got full rights
Dear Sir/Madam,
From your query, I find that the first wife has filed a criminal case for adultery and bigamy. Your cousin has not committed any crime, either adultery or bigamy. He is legally entitled to marry after he gets a divorce from a competent court of law. Hence the case filed by the first wife will not be valid and will surely be dismissed. Did the 1st wife file a petition before the Divorce court to set aside the exparte order of divorce? When did she file it?
From your query, I find that the first wife has filed a criminal case for adultery and bigamy. Your cousin has not committed any crime, either adultery or bigamy. He is legally entitled to marry after he gets a divorce from a competent court of law. Hence the case filed by the first wife will not be valid and will surely be dismissed. Did the 1st wife file a petition before the Divorce court to set aside the exparte order of divorce? When did she file it?
As far as the latest judgment of the supremcourt, if the exparte divorce decree has been grand then the other spouse has to wait for the appeal time to get in to the second marriage. The appeal time also includes the delay period to file the appeal that means the other spouse has to wait 90 days to get into the marriage. Applying the above said citation, the case you are stated aboue would fall under the same purview. But it is up to the court to decide the case by analysing the facts and circumstances.
In this matter we need to understand that how mNy times summon served on the main case and more over what was the reply to the summon. And duration of the main case. Based on analysis of the above requirements we can advice.
How the notice of service was effected in the divorce proceedings. If the wife received the summon and failed appear the husband could apprach the high court to quash the Criminal proceedings initiated by the wife. If the substituted service was made then the circumstances has to considered to check the genuiness of the claim of the wife.
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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