What is the time period to wait after divorce to get married?
09-Oct-2023 (In Divorce Law)
A Decree of divorce is granted by PSJ during 10th Dec 2016 under Desertion & Cruelty sections. That is, I filed a Divorce. The respondent filed a Conjugual Rights petitions at the same court. For both the cases she made counter replies. After that immediately, she filed a Transfer petiotion at High Court Madras and both the petitions are dismissed by the high court madras saying that cannot transfer the cases. She did not appear and come to the court to attend divorce and conjugual rights cases. Honorable Judge provided an ex-parte order on 10th Dec 2016. Allowed my divorce petition is allowed and he dismissed her Conjugual Rights petition by default.After 250 days of judgement, i remarried an another women. Now, she filed a petition under section 5 limitation act on the previous judgements. As per law, Will her application be allowed? If yes, my second marriage will be void? Becaze, i obeyed the law to wait for first 90 days after the ex-party judgement(decree of devorce order).
Wait for 90days for the simple reason that after any order for divorce there is a time period of ninety days for moving for appeal against the said order,during the appeal period if the person remarries & in appeal it is found that order for divorce was wrong & the marriage was not dissolved but still exist, in such case not only the second marriage becomes invalid/void in the eye of law, it will also amount to bigamy a criminal offence. Divorce cant be challeneged after this limitation period
since you have remarried after the expiry of the limitation period of 90 days, your marriage cannot be termed as void. since she has filed the appeal after the period of limitation, you have to contest the case in the appeal and justify the points considered by lower court in its judgement.
Her case for condonation of delay is quite weak - based on the facts that you have shared. Your second marriage will not become void because you have appeared in court and contested your cases and also waited for the statutory period. But this is not automatic - you will still need to appear in court in the cases that she has filed and defend yourself.
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