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Re-marriage Post the ex parte Decree
29-Nov-2024 (In Family Law)
My spouse had been in Paris and I in India. I applied for divorce in India and my spouse never turned back for 3 years. Now i have got ex-parte divorce decree from family court in Delhi.
Now I am very much sure that my spouse will not appeal also. So i was thinking to not to waste time. and do another marriage.
Question is Whether it is Illegal to marry without waiting for limitation period to lapse provided my spouse is not going to do an appeal against the decree.
B Regards
Dhanshree
well you got a exparte decree of divorce against your husband your husband never turned back for three years so an exparte divorce requires a summons to be given to the defendant recording statements if the defendant does not respond pass an exparte decree of divorce
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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no you cannot perform a marriage without the expiration of the appeal period if you divorce had been done through mutual consent then you can remarry after the next day but in case of contested divorce you have to wait this limitation period of appeal
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Adv. Amit Pandey
Lucknow | 400+ Answers
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You should wait for atleast 90 days from the date of decree, thereafter you can move ahead, it can create problem if you remarry in the limitation period of First Appeal. If you remarry after 90 days it will be not illegal, For more detail about your case you can contact us and share the Ex-Parte Judgement so we can peruse it n reply you properly.
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Adv. Anand Mani Tiwari
Allahabad | 50+ Answers
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It is important to wait for 90 days after issuance of decree of divorce for a valid marriage. In case your spouse files an appeal against the decree of Divorce in HC then you need to get it disposed first.
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Adv. Paritosh Sharan Agrawal
Lucknow | 25+ Answers
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you have to wait till expiry period of appeal then you should marry to another otherwise if you spouse challenge it then you will face legal issue in this regard for further information you can call me.
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Adv. Ankit Singh
Allahabad | 100+ Answers
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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.
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