Many a times it happens that Husband or wife are fighting Divorce case in Family Court, but despite of receiving notice, opposite party is unable to attend the court. In that Case, Court passes Ex parte Divorce decree in favor of one party and Divorce is completed.
Cases where second marriage can be cancelled or cannot be cancelled
- Mostly, When Husband & Wife take divorce in presence of each other & neither Husband nor wife appeals in court for 90 days, then Husband or wife can remarry.
- Or In Other Situation, law says that after getting Divorce, Husband or wife can appeal again within 90 days. But, if the appeal gets dismissed by Court within 90 days only, then the other party can remarry whether 90 days time period is over or not.
- In another Situation, if after obtaining divorce, neither Husband nor wife has a right to appeal, then in this case also one can remarry easily. But this happens in case of Mutual Consent Divorce only.
- In other case, if the appeal is made by any of the party & the appeal gets accepted, then till the time appeal procedure gets over, the opposite party cannot remarry.
- Exparte Divorce can be called off and one can put an application for a chance of justification in Court. The absent party can justify a valid reason for not attending the date. In that case, Court may call off the Exparte decree of divorce and case can be revived.
- If in between the time of ex parte decree of divorce to the time of remarriage, if the opposite party gets the order to stop the second marriage from appropriate Court, then the other party cannot remarry after obtaining Divorce.
- If the party gets remarried after exparte decree of Divorce, & then the opposite party gets the order to stop the second marriage from appropriate Court, in that case the second marriage will be considered as valid.
It is very important to take care of the fact that if husband or wife are living separately due to any dispute, opposite party should not be able to obtain exparte decree of divorce. Also, no legal summon or notices from Court should be ignored by any of the parties.