Legal Question in Family Law in India
the divorce has been obtained in trial court in the presence of respondent by contesting and it has been granted on merits u/s 13 (1)(1a) of hma. but my question is that the respondent wife has filed first appeal order-matrimonial in high court within 90 days of decree of divorce but the husband did not get notice of appeal even after 90 days and had got remarried after 90 days. the husband till date has not received notice of appeal but came to know from someone that an appeal has been filed by wife in high court and notice of appeal will be received by husband shortly.now please tell whether his second marriage will be legal or it can be challenged although remarriage was done after waiting for 90 days and after no notice of appeal has been received till date
1 Answer from Attorneys
IF the divorce is confirmed by the High Court than the marriage is valid, if the Divorce decree is set aside the second marriage is Null and void as the Appeal was filed in time and it was the duty of the person who got the divorce to verify that whether any appeal is pending etc.
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