Need advice on ex party divorce and remarriage

652 votes

you got divorced in March 2016 and have remarried in 2015, very good, please get your facts right first. Thank you.

I hope you have divorced in march 2016 and remarried in Jan 2017, yes if its an exparte order and why was your wife not intimated of the same and your wife may challenge the same for cancellation.

Detailed discussion is necessary.

Advocate Aveek Bose LawRato

586 votes

Here as per your story you get divorce on March'2016 as an Ex-party. But you got marriage before obtaining Decree of Divorce i.e., on January 15. Therefore, it is presume that, you got second marriage prior obtaining Decree of Divorce from 1st wife. As per law the second marriage without obtaining divorce from 1st wife is invalid one. But at present I request you to share it personally to any Advocate if you do not get any marriage Certificate of the Second Marriage or if you already get marriage Certificate of Second Marriage, then also my advise is to met to any Advocate for solve this problem.

Advocate Sanjoy Acharjee LawRato

634 votes

Dear client,
As per the details provided by you I would say that as the decree is ex-partee it can be challenged showing proper and cogent reasons it depends upon the report of summons returned in the said case, if your wife willfully avoided to contest the said matrimonial suit then she cannot set aside the exparte decree but if any foul play has taken place to obtain decree and if it is proved in the court then the said decree is set aside.

Advocate Vikram Ojha LawRato