Can wife remarry after divorce decree and before pending appeal

Wife managed to obtain divorce from Ahmedabad family court. Husbands restitution case appeal still pending in Kerala. Can wife remarry ?

Answers (3)

79 votes

wife can remarry if the husband has not preferred any appeal against the order of divorce. When the wife get an order for divorce and when she got married subsequently there is no scope for restitution of conjugal rights.

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308 votes

Marriage under all matrimonial laws is union imposing upon each of the spouses certain marital duties and gives to each of them certain legal rights. The necessary implication of marriage is that parties will live together. Each spouse is entitled to comfort consortium of the other. So after the solemnisation of the marriage if either of the spouses without reasonable excuse withdraws himself or herself from the society of the other then aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.

In your case the wife obtain divorcee decree from Ahmedabad family court, so better you will file an appeal before the high court . The limitation period to file an appeal against decree of divorce is 90 Days from the date of issue of decree. So second marriage done after the appeal period could be a valid one in the eye of law.

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77 votes

Normally after the expiry of time allowed for filing an appeal in the Divorce petition ( allowed), if the appeal is not filed the wife may remarry. The pendency of the appeal in restitution normally may not a bar of remarry.

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