• Marriage after contested divorce

My wife filed a fabricated FIR in sections 498A, 504, 506, 323 IPC & 3/4 DP Act, Since the case was purely fabricated, no any medical report attached in this FIR, Other than this She has filed CRPC 125 and DVA in March, 2016, I have detained in main FIR case in Nov., 2019 when I was appeared before court for regular bail, I have imprisoned for 7 days because my wife filed objection on my bail, Being a Paramilitary Force member I was suspended for more than 4 months by department. I filed contested divorce in Nov., 2018 and judgment of this case would be delivered soon.
I want to know that in case the decision goes in my favour than -
1- After getting divorce decree, in how many days I can remarry (period restriction if any)?
2- As I know that opposite party will challenge the decision of District Court in High Court, What would be the merit of District Court decision, and what would be the possibilities in high court?
3- I have remarried and If High Court quashes the order of District Court what would be the legality of my second marriage?
4- If I get divorce on ground of mental cruelty and desertion without sufficient cause than what would be the effects of this decision in my other cases like main FIR, DVA and CRPC 125

Answer the above questions point wise please
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

1. After grant if the divorce decree, you will have to wait for another 90 days which is the time fir filing the appeal,

2. Merits/possibilities can be ascertained after going through the relevant information

3. Remarriage without obtaining divorce during the life time of the spouse is void


The verdict of the divorce case has no effect on the other cases

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

you cannot remarry for period of 3 months

 

2) in case any appeal is filed within period of 3 months you cannot marry until appeal is disposed of 

 

3) Although the Hindu Marriage Act prescribes that it shall be lawful to marry only after dismissal of appeal filed by aggrieved party against divorce decree SC has held that second marriage would not be void 

 

 

4) your divorce decree would not have effect on your other cases 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

After 90 days

HC will decide acc.to evidence on record. If no stay granted by HC, you can remarry. 

Marriage is valid solemnized during pendency of appeal.

Wife who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the CrPC.

FIR case will decide on evidence before court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

90-days period for the appeal is given to both the parties from the day of decree of divorce and if there is no appeal made during this period then either of the parties become eligible to remarry after the given appeal period gets over..

Section 15 says when a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. An appeal can be filed within three months of decree of divorce. Either party then can remarry if no appeal is filed or appeal has been dismissed.

2. Merit of case and outcome of appeal would depend upon the grounds, evidence etc. It is not possible to give opinion without going through family court order.  I think you filed divorce petition because of false case 498a which tantamount to cruelty. If that is a case then it favours you.

3. Marrying during the pendency of appeal is unlawful but marriage is not void. Meaning thereby that your second wife and children borne out of this wedlock shall have all the legitimacy rights.This is what SC decided recently. But what shall be consequences if trial court order is turned down. Frankly I have not seen any judgment in such circumstances but since the act is unlawful it can be punished. I think the husband can be punished for an offence of bigamy.

4.If you are absolved of charges of cruelty and harassment of wife in criminal case, it would not be a domestic violence and case would be dismissed. In DV Act , even harassment is violence. Therefore pleadings are to be gone through. In some cases maintenance has been denied to wife where she has voluntarily deserted her husband and also where she has malaciously prosecuted him.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

1. You can marry after the appeal period that is 90 days from date of order.

2. See if appeal is filed you cannot marry pending the appeal the high court shall hear matter on merits.

3. Your second marriage shall be void in that case.

4. See other cases are criminal cases and the court shall decide same on evidence and material on record this case won't effect them as such.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can remarry after the appeal period of  90 days for the said decree if there is no stay by appeal court. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You can marry after 30 days of Contested Divorce Decree. 

2. There are minimal possibilities that decision of lower court will be reversed in High Court. 

3. If u want to marry in any way(out of the course)....marry.... i said there are just .001% chances that decision will be reversed. 

4. Merits will decide all the cases....it will take time but you will be free from all.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir,

After getting contested divorce decree from a court then the party who got decree can re-marry after waiting for appeal period or three months from the date of passing decree. Prior to that 2nd marriage will be challenged.

According to Hindu Marriage Act 1955 section 15 : Divorced people when to marry again - When a marriage has been dissolved by a degree of divorce an either there is no right of appeal against the decree or, if there is such right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed is shall be lawful for either partt to marry again.

According to Marriage Law Ammendment Act 1976 Section 15 of Hindu Marriage Act were ommitted.

Now is it legal to marry again soon after divorce or not legally permitted to marry again soon after divorce as per Hindu Marriage Act 1955 of section 15.

Most people get divorce from lower courts and loosing party approaches High Court and appeal is admitted and herd. If there is no stay on divorce decree can winning party marry again. Or the individuals have to wait for remarriage till finalisation of the first appeal.

This question is answered in many websites differently. Some legal advisers say according to hindu marriage act 1955 of section 15 second marriage cannot be done immidiately after divorce or till finalisation of appeal admitted at higher court on divorce decree and higher court may cancell the decree.

Very few but some legal advisers have remarked both parties are free to marry soon after divorce.

Question is what is current and latest information on divorced people when to marry again.

Even after divorce granted by lower court and on pending first appeal at higher court marriage permission is not granted even if there is no stay on divorce decree as it is presumed that divorce decree challanged at higher court may be diluted.

Point is its a a very difficult to get a divorce and after divorce if a loosing party appraches higher court and appeal is admitted and marriage right is given then its a ongoing process as the case may be taken up till supreme court and age of a person goes rising and valuable time is wasted and individual get frustrated.

If one party is in intention to create trouble loosing party may keep approaching higher court and winning party may not be allowed to marry after divorce as the loosing party has appealed at higher court.

There should be solution to the problem. Is there any written law weather or weather or not can a winning candidate go for second marriage soon after divorce or has to wait until clearance of first appeal at higher court.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. After 90 days from the date of passing of the decree you can remarry once again.

2. Without seeing the content of plaints and judgement I can not comment on merit of the appeal. The general decree passed ex parte get set aside in appeal mostly.

3. THe second marriage wpuld be held null and void and your second wife will loose all legal status of a wife.

4. Those cases would be decided on their own merit. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. As per law, the limitation period of filing an appeal is 90 days from the date of decree of divorce , hence if no appeal filed within the period of 90 days , then you can remarry legally. 

- But , if she filed an appeal , then you will have to wait for the outcome of the appeal , and during that period you cannot remarry .

2. If the grounds of divorce decree is sound/satisfactory , then her appeal will be dismissed.

3. As per the Hindu Marriage Act , after the dismissal of an appeal only , the marriage is legal , and further the Supreme Court clarified that remarry /second marriage would not be void if solemnized during the pendency of an appeal.

4. If you get divorce on the ground of mental cruelty and desertion , then it will effect FIR under section 498A, 504, 506, 323 IPC & 3/4 DP Act, because , you will have evidence against her cruelty , and other cases as well. 

Under the Hindu Marriage Act, Separation/desertion is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition. 

- Further, if wife deserted her Husband without any Reason , then she Can’t Get Maintenance, and further this is a good ground for getting divorce from the court of law.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. After the marriage is dissolved by a decree of divorce, you may have to wait for the expiration of period of appeal i.e., three months if the appeal is to be filed before high court and can get remarried if there is no appeal filed within that period.

2. It would depend on the judgment delivered as well as the grounds of appeal filed by the appellant.

3. If you have married after the expiration of the appeal period then your second marriage cannot be nullified even if the high court sets aside the trial court judgment granting you the divorce.

4. Divorce decision in your favor will not have any impact over the other  pending cases.

They have to be fought on merits as per those cases 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. After getting divorce you can marry again after 90 days only if your wife doesnt file appeal in High court.

2. The merits can be discussed only after going through the case file.

3. Second marriage will be considered as null and void. 

4. If you get divorce on above said grounds then you may not have to pay maintenance to your wife. But fate of other cases will depend on evidences in those cases. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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