Married After Exparte Divorce


Sir/Madam, I got exparte divorce decree in Jan 2018 and got married in August 2018, till now divorce decree is not placed for set aside or cancelled, but I got the call from police station saying case is filled but police is not provided which case is filed.


Answers (1)

Hi
Since the ex parte divorce decree has neither been set aside or appealed, the divorce decree will be deemed to be final.
However it appears the case may be filed in the nearest police station u/s 498A . If the case has been filed after the divorce decree, then the 498a case is not legally valid.
Also in today's changed circumstances, police cannot arrest under 498a if the other side has appeared before police and police cannot decide who is guilty/ not guilty. It is for courts to decide.


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