Will second marriage be valid if I got ex-parte divorce


i got ex party against my wife on 14th november 2017, i got second marriage on 22nd feb 2018, i came to recently that she went for a set a side on 22nd december 2017 and the case was set a side and reopened on 23rd feb 2018. there is no intimation to me , i understand that my 1st wife advocate sent a intimation to my council but as i don't have any contact with my council after i got ex patty degree, i was not aware of it. is my second marriage is valid. please suggest

Answers (3)


214 votes

Hi
As per law of limitation , your first wife had filed her set aside application to the court on 22nd december 2017 which is well within the limitation period.
However your wife should have ideally issued notice to you and NOT to your lawyer, which is a legal point in your favour.
So, technically you should file an appeal in high court on reopening of the case as issue of notice to your lawyer is against law and also ask the court to validate your second marriage held on 22nd feb 2018.


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79 votes

Dear sir
In your case is very abnormal case. Generally the these type problems arise in Ex parte degree. Thats why no counsel prefer this type of solution.
Anyway she fied the case , now you have to prove your case in court, otherwise your 2nd mariage will be null and void. so take care of your with help of counsel.

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220 votes

Dear Client,
1) If your marriage had been solemnised under provisions of SMA divorce ought to have been granted under provisions of SMA

2) if your wife had been served with copy of petition and you have been granted divorce as she did not attend court wife had to make out a case for setting aside exparte decree

3) the delay in moving court had to be explained

4) wife could have filed appeal against exparte decree within period of 90 days

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