173+ Lawyers are online 
SLP in divorce case , husband did remarriage and got new child too
08-Apr-2025 (In Divorce Law)
Divorce decree has been granted to husband by the HC on the ground of cruelty.
After completing 90 days of the judgement, husband got remarried with some another lady. First wife filled SLP in the SC. Husband got the Notice from SC after 9 months of receiving the divorce decree. Case is pending for hearing in SC. Meantime , one child born out from the second marriage of husband .
Legally, what will happen in this scenario.
Can divorce decree be cancelled and second marriage is void ?
S.L.P filed by your first wife is pending . you have received the Notice from the supreme court. it is necessary to file a reply and defend your case. you have compiled the statutory period so there is no dispute on this point
Helpful?
Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
Chat
No. Since the second marriage is conducted legally and the first wife chose not to file any appeal or SLP within the specified time she has almost no hope in the case. In all probabilities the divorce decree can't be called off. However there is some change that the first wife may manage some amount of maintenance through the case if that aspect is not taken care of.
Helpful?
Adv. Vikas Sharma
Delhi | 200+ Answers
CONTACT NOW
As per law, once the High Court grants a divorce decree and the appeal period of 90 days lapses without any stay from the Supreme Court, the decree is considered effective and final. Since the husband remarried only after 90 days and there was no stay or SLP pending at that time, the second marriage is not void. However, if the Supreme Court later sets aside the HC divorce decree, complications may arise. Even then, the second marriage won’t automatically become void but may be treated as voidable. The child born from the second marriage will still be considered legitimate under Section 16 of the Hindu Marriage Act.
Helpful?
Adv. Adarsh Kumar
Delhi | 400+ Answers
CONTACT NOW
• File a caveat in Supreme Court, or submit an intervention application in the SLP proceedings.
Bring to notice that:
• SLP was filed after a long delay,
• He has remarried and started a family,
• Reversal now would cause irreparable hardship and disrupt lives.
Helpful?
Adv. Sonal Singh
Delhi | 25+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
