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How long to wait after ex party divorce to remarry? Can girl appeal
17-Aug-2023 (In Divorce Law)
hindu (brahmin) marriage was held in chennai in 98, boy and girl Later settled in Us and became us citizens. They had a son in 2003. Due to incompatibility the boy filed a divorce in chennai family court. The girls party initially attended the proceedings for one year and later did not come for hearings in spite of judges warning to dispose off the case ex-party. Hence divorce was granted ex-party on 24 april 16. How long the boy has to wait before he remarries. Is there any statutory period for filing review petition by the girl. Can she file an appeal even though she failed to attend hearng.
The parties are free to remarry after the time period allowed for filing appeal or setting side the decree(in case of an exparte decree). There is a legal conflict regarding the time period since the family courts Act prescribes 30 days time period wherein the Hindu Marriage Act prescribes 90 days. So It is advisable to remarry after 90 days from the date of obtaining the order copy. But she could file a petition to set aside the exparte decree or appeal within 90 days citing some reason for her failure to appear, then case continues. Even after 90 days also she could file a petition to set aside the exparte decree with the prayer to condone the delay. If the spouse is remarried after the permitted limitation period , the chances condoning the delay petition would be almost negative.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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Since this being an exparte divorce, she can file an application to set aside the exparte decree within 30 days from the date of passing the decree under order IX Rule 13 of CPC.
If she fails to file within 30 days, she can file a petition under section 5 of the limitation act to condone delay in filing the set aside petition along with the set aside petition and if any counter to be filed for the main petition, that also can be filed along with these petitions.
She can also file an appeal before high court within 90 days from the date of passing of this exparte decree.
In this case since it is more than 90 days elapsed from the date of passing the exparte decree, the boy is now eligible for marrying another girl since there is no appeal of set aside petition pending as on this date.
If she fails to file within 30 days, she can file a petition under section 5 of the limitation act to condone delay in filing the set aside petition along with the set aside petition and if any counter to be filed for the main petition, that also can be filed along with these petitions.
She can also file an appeal before high court within 90 days from the date of passing of this exparte decree.
In this case since it is more than 90 days elapsed from the date of passing the exparte decree, the boy is now eligible for marrying another girl since there is no appeal of set aside petition pending as on this date.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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