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Marriage after divorce - legal requirements


18-Jun-2024 (In Divorce Law)
I got a divorce last year from the family court. I married to my long term live in partner and we are blessed with twin boys. Meanwhile my ex wife obtained a stay order on the divorce. Will it be a problem? Can she file a Bygamy case against me? Also, I started removing my ex name from all the documents. Will it be a problem?
Answers (5)

Answer #1
532 votes
There is limitation periods foe appeal and in the period of appeal both party has to wait so that other party can challenge it. So your marriage is not valid as per law. yes she can file case for bigamy.
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Advocate Babita

Adv. Babita

LawRato Bangalore / Bengaluru | 200+ Answers
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Answer #2
660 votes
As you have got married when there was no order of stay it will not amount to bigamy, further i believe your wife may have filed the appeal in high court after the appeal period of 90 days is over after the date of Divorce decree, hence please verify the records whether appeal is filed within time, further normally if you get married after divorce the court is not likely to set aside the divorce decree passed by lower court.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

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Answer #3
782 votes
Dear Sir/Madam, It seems such stay was taken by misrepresenting before the Court. It seems you have taken legal divorce and after 90 days of such divorce that is after completion of appeal period you have married. Thus, if the other party was not diligent in exercising his/her rights within appeal period then there is no question of committing offence of bigami.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #4
712 votes
1. the high court will pass an order based on the trial court. 2. your wife cannot file bigamy cases no worries. 3. no problem. your advocate will help you 3. your advocate is representing your case. legally they will help you.
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Advocate Geethanjali Setty

Adv. Geethanjali Setty

LawRatoBangalore / Bengaluru | 200+ Answers
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Answer #5
752 votes
it is a rule and law that after a decree of divorce you should wait for 3 months appeal period before going to marry someone else. if you have not married within that three months time you need not fear for a begamy case from your ex wife.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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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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