My sister had a mutual divorce three years back. She is planning to get married with a person who had an exparte divorce a month back. With this regard I have two questions :
1. After an exparte divorce when can a person marry again?
2. Can ex wife of that person appeal to court against this order after my sisters marriage. If yes what will be my sister's legal status ?
Asked in Civil Law from Kolkata, West Bengal
Hi, your sister has to wait till 90 days from the date of the order as it is called appeal period after completion of 90 days parties are free to remarry.
2. Ex-wife has an option to file an appeal to the High Court or she can file an application for setting aside the ex-parte order.
3. It is better your sister can wait for 6 months and thereafter she can marry to that person.
1) an appeal can be filed by wife within period of 3 months from date of receipt of certified copy of decree
2) in case exparte divorce decree is set aside the marriage of your sister would be illegal
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. If your sister marries him and the court subsequently sets aside ex parte divorce then the marriage of your sister will become illegal.
1. After 90 days from the exparty order the person in whose favour the court passed an exparty order marry again.
2. If the opposite party may file an appeal and the court set aside the ex party decree then the status of second marriage will be void and your sister will be the illegal wife.
Advocate, New Delhi
1) The person who obtained exparte divorce from his wife through a court of law shall have to wait for the appeallable period i.e., 90 days though she can file a restoration petition within 30 days of the exparte judgement.
2)The person who obtained exparte divorce has wait for the expiration period of appeal which is 90 days from the pronouncement of judgement. It means the second marriage if conducted within the 90 days shall be void.
1. He can marry after 90 days i.e. after the expiry of the limitation period within which his wife should file an appeal against the said ex-pare order,
2. After the limitation period for appeal is over, your sister can marry that person and in that event his ex-wife's appeal against the ex-parte divorce order will not be admitted by the appeal court.