• Divorce and second marriage

Sir,
I married under special marriage act in 2010 but at the time of divorce (x-party), I got divorce judgment as per Hindu marriage act in 2013 but lack of knowledge of law I did not contacted the lawyer any more and remarriage in 2014 but now my ex-wife filled a case against me about my second Marriage and now the lawyer told me that your 2nd marriage will be canceled. please help me about the matter.
Asked 4 months ago in Family Law from Siliguri, West Bengal
Religion: Hindu
Second marriage after getting decree of divorce like your case is very much valid.
However do check whether your husband later applied for recalling the ex parte divorce and got it set aside.
If that is so then your decree of divorce remains no longer valid and second marriage become null and void.
So do check the status of your divorce order.
Devajyoti Barman
Advocate, Kolkata
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No , your divorce decree if granted by the Competent Court should be valid even though you have been granted this decree under HMA, provided you have re-married after the appeal period which is 90 days from the date your ex-wife has received a certified copy of divorce decree. 
2.You should obtain a copy of plaint that has been filed by your ex-wife challenging your second marriage if not already obtained , consult a family lawyer and proceed further. 
Sushil Jha
Advocate, Patna
161 Answers
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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 

Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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Even if the court admits your wife's  Appeal on this ground,which may be difficult to be admitted,she can claim maintenance or can get one time alimony. 
2.For getting her appeal admitted against exparte Order of the Court she has to give definite reasons why she could not respond to the Court summons in the earlier divorce petition filed by you. 
Sushil Jha
Advocate, Patna
161 Answers
0 Consultations
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Dear Querist
as both of you hindu, then what are the reasons for special marriage Act? if the marriage was solemnized as per Hindu Law and later on the registered the marriage under special marriage act then there is no problem but if the marriage was solemnized as per Special Marriage Act only then divorce decree is not valid for this marriage and the marriage is still valid(First marriage) and second marriage can be declare as null & Void.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
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129 Consultations
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1. If you had remarried during the subsistence of marriage then your second marriage is not only illegal but you are also liable to be prosecuted criminally for the offence of bigamy. 

2. When you are yourself admitting that you did not contact the lawyer, how do you put the blame on him?

3. It is immaterial if the divorce was as per SMA or HMA. Both the enactments prohibit second marriage during the subsistence of the marriage. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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It is typing error and you can now apply for correction of decree u/s 152 of cpc.
So do the same in the court now and then remarry.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
I married under special marriage act in 2010 but at the time of divorce (x-party), I got divorce judgment as per Hindu marriage act in 2013 but lack of knowledge of law I did not contacted the lawyer any more and remarriage in 2014 but now my ex-wife filled a case against me about my second Marriage and now the lawyer told me that your 2nd marriage will be canceled. please help me about the matter.

The question is not about the marriage, it is about the divorce, since you already have an exparte divorce, let your wife apply for restoration of case by setting aside the decree after that you can file an amendment petition to amend the erroneous provisions of law seeking divorce.  
For the present let your exparte decree of divorce remain, you can get it corrected after she restores the petition. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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My ex-wife filled case against 2nd marriage as I got x-party divorce but the problem is My marriage registry with 1st wife was as per special marriage act but at the time of divorce with 1st wife , the divorce procedure was as per Hindu marriage act and the lawyer did mistake to put proper filing and court also gave judgment with wrong act. now what will I do if I got judgment from court and remarry then why my 2nd marrige will be void and null?

Since the court also has granted the decree of divorce whether right or wrong, until it is not restored the exparte decree of divorce will remain.  In any case since she has not taken any steps to set aside the exparte decree within the time limit hence your second marriage performed after the expiration of the time limit is very much valid in law, let her lawyer give any threatening call or your lawyer say anything about it, you change the lawyer and challenge her moves. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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