• Remarried while stay Order on Divorce Degree from wife.

I have got married on 1st Feb 2013 out of love affairs. I have blessed with baby Girl on 21st May 2014. My husband was very upset due to girl child & started Harrsing me. For that & asking to bring money from my parents home. As he has not got anything in marriage. I have shifted to my mother home & filed the DV case & 498a Case against him on 23rd September 2014. He also filed case for divorce in July 2015. But letter things has changed he has convened me to get settled again. & Won't attend court hearing. We are meeting outside & talking daily & had relationship like husband & wife. But suddenly I have came to know that he has got decree on divorced dated 18th October 2016. This information I have got on 24 November 2016. 
He has stop talking me & Change his mobile number. 
He is going to marry another girl.
I have feel like cheated & File stayed order on his divorce which is granted on 19th January 2017.
But after knowing about stay Order he has not accepted court summons & Performed second marriage on 23rd Jan 2017.
I want to know that whether his second marriage is valid or not. Can I file a case of 494 against him or cheating case.??
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) since you have filed an appeal against divorce decree your husband cannot remarry .

2) second marriage during subsistence of appeal would be void . HC had stayed divorce decree

3) second marriage would be legal if divorce decree has gone unchallenged

4) file case of Bigamy against your husband

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

when did you file appeal ?

appeal has to be filed within period of 90 days

3) husband cannot remarry during subsistence of appeal

4) if you have filed appeal on time it will not favour his second marriage

5) what is endorsement on notice sent by post

6) if husband refused to accept court summons it is deemed to be served

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Your husband if has married within the period for which the limitation for appeal is still available then the second marriage what he contracted now shall be null and void.

In your casen he married even after he is let known about the stay of his divorce decree operation,.

Therefore in my opinion you may very well lodge a criminal complaint under section 494 IPC for bigamy.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

The computation of 90 days is incorrect. If the judgment was pronounced on 18.10.2016, the date of delivery of judgment shall be taken into account which shall be less the time taken for supplying the copies.

Therefore you may argue that this is very well within the limitation of 90, a period applicable for appeal.

You may also engage a prudent lawyer and argue the maintainability of this properly on the basis of your situation.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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