• Marriage invalid

In 2015, I got married. Within 15 days my husband was admitted in hospital as his both kidneys failed. He hide the truth and married me. I went to court for making my marriage invalid as I have cheated. But then after his operation, I went with him in compromise and I lived with him for 4 months. He gave me mental torture. I conceived. After that he started asking for more money as I was working woman. After baby shower, he did not visit me. And he came to hospital during my delivery of my son. After that he never visited me till now. So I went up to a advocate and he suggested me to restart that previous case I have applied in court. Hiding the truth that we have a baby, I got order for announcing marriage as invalid. My husband didn't know about these. My son is now 2 years. I need to know. How Much time it has to pass to allow me to go for another marriage. If he comes to know and appeals in court, whether I ll have problems in my next life.
Asked 6 years ago in Family Law
Religion: Hindu

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19 Answers

Dear Client,

Did you made him party and dose notice were issued to him ?Or ex parte order.

Well, after 90 days of order and no stay from appellant court. You can remarry.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

you can remarry after expiry of period of 3 months of court orders declaring your marriage as nullity 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

See for appeal 90 days you have to wait if order is of 2015 thej appeal period has passed and you can remarry. But in case the notices were not sent to him he can take same as ground of and claim delay condonation but once you are married then there is less chance there will be any problem.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If notice of case was sent when you filed case then he was aware of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Show order, without making him party , order not binding on him.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

you can remarry after a period of 90 days from the order.

whether you had hide the fact from the court that you have a baby boy from your husband? pls tell

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

He has a time of 90 days to file the appeal and if he does not file within the said time then you may go ahead and enter into another marriage 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Note that the child can not be adopted by the new husband without the consent/ NOC of the biological father 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you have got order from court then after lapse of appeallate  period in higher court you can get married if no appeal is pending

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

90 days cooling period is there after getting ex parte order from court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The husband didn't tell you about his condition. But you didn't pursue the matter. Now you again filed a fresh case and obtained an ex parte order. The order was ontained by playing fraud upon the court by not informing of the status of the child nor did you send a notice so that the husband could attend although the husband was cruel.

He can appeal against the order and your decree can be set aside.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A second marriage by either party shall be lawful only after dismissal of an appeal against the decree of divorce, if filed. If there is no right of appeal, the decree of divorce remains final and that either party to the marriage is free to marry again.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Ex parte divorce granted to a person can be set aside by the court on an application filed by his ex spouse within 90 days.
after completion of 90 days parties are free to remarry. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Your ex husband has 3 months time to apply to court to file appeal against exparte divorce decree 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Hi, 

With the passing of so much time, you may go ahead. But remember that you should not lie or hide truth in new relation.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Since the  court has granted the decree as prayed for by you in the matrimonial dispute, you need not worry about his future tortures.

You can remarry after the time period for preferring appeal has lapsed. 

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

The time limit for reopening the decided matrimonial dispute is thirty days before the district court and 3 months before high court

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

  1. As per the information mentioned in the present query, makes it clear that you were guided in a wrong manner.
  2. You have got the ex parte divorce and that is also after you had baby, but not disclosed this fact to the court and got the ex parte on the facts prior to the birth of the baby.
  3. There is a specific time period to file an appeal against the ex parte and here the same has been too late for your husband.
  4. The only concern if he satisfies the court for the reason of delay and now he has got to know about the truth of his divorce then he may get the ex parte set aside.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Madam,

If you do get married after a civil annulment, you are not committing bigamy, as your new marriage is your only valid one

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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