Husband had filed divorce case,court allowed the petition,got divorced

Question

Husband had filed divorce case,court allowed the petition,got divorced

24-Jul-2025 (In Divorce Law)

Wife may appeal in high court. Husband has filed caveate. Still husband have not got notice from the high court. Another 20 days is needed to complete 90 days. Can that husband remarry another person if he doesnt get notice from high court after 90 days. And husband not knowing whether wife has applealed in high court or not

Answers (3)

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Advocate S.K Prabhakar Shetty LawRato · Accepted Answer · 2025-07-24T13:34:23+05:30

Answer #1

Yes, husband may get married 3 months after decree of divorce, if notice of appeal did not reach him and then his such marriage becomes valid and prayer in appeal to set aside decree becomes waste. wife only has to test her luck.

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Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2025-07-24T15:27:26+05:30

Answer #2

If the wife has not filed any appeal within 90 days from the date of divorce decree, and no stay is granted by the High Court, then the decree becomes final and binding. Since the husband has filed a caveat, the High Court is legally bound to serve notice to him before passing any order on her appeal, if filed. If after 90 days no notice is received and there is no stay or appeal on record, the husband may legally proceed to remarry. However, he must ensure that: Certified copy of the divorce decree is available. 90 days have fully lapsed from the date of the decree. No appeal is listed in the High Court cause list.

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Advocate Rudrabhushan C Benakanalli LawRato · Accepted Answer · 2025-07-26T23:33:14+05:30

Answer #3

Yes husband can remarry if the divorce proceedings is closed. If wife files an appeal before high court, it is recommended her to get hand summons order for speedy service of notice to husband. That caveat will be there for 90 days as you correctly mentioned.

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Adv. Rudrabhushan C Benakanalli Adv. Rudrabhushan C Benakanalli

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