Ex-Parte Divorce: There are some rules to marry again after X party divorce. If a petition is not filed on behalf of the partner within 90 days, it is celebrated completely. In such a situation, both can marry anyone.
Ex-Parte Divorce Case: I was married to the year 2013. A month after marriage, my wife left me and separated. She loved someone else. The conversation between the family lasted for about 6 months, but she did not return to live with me. The story is of Ramesh (name changed). He has questioned his X party divorce. Which is answered by the legal advisor. We first tell the full story of Ramesh and after that we will know how many days after the X party divorce can marry.
Ramesh writes on Lawrato.com that after 6 months I filed a petition in the District Court on 10/05/2014 that he came back to the matrimonial house. The case lasted about 1 year 6 months, in which he attended court only 2 times. On 2 December 2015, both of us decided to live separately and exchange with our respective hands on a 20-rupee stamp paper (my mother, my wife’s father, a mediator and in the presence of both lawyers). I have his own copy written. After this, I filed for divorce in the District Court on 30/12/2015. She received summons (notice) but did not appear in court. After 2 hearing, the judge passed the ex-party order (keeping in mind my 10/05/2014 petition) and I got the Ex-Parte Divorce on 30/04/2016.
Now my question is:
- Can my ex-wife come back to my life?
- What precautions should I follow?
- Can I marry again after this X-party divorce?
What is an ex-party divorce?
When none of the spouses appear in a court during the hearing on the petition for divorce, the judges give unilateral verdict based on the available facts and evidence. This is called ex-parte divorce. Law expert while answering Ramesh’s question said-
Can my ex-wife come back to my life?
The X party divorce may be challenged. Appeal can be made within 90 days under Section 28 of the Hindu Marriage Act. Or the decree can be set-anized (canceled) by applying within 30 days under the Order 9 Rule 13, Civil Procedure Code (CPC). If your ex -wife does not appeal within 90 days, divorce degree is considered final and valid. After this, she cannot return legally. Social or personally contacting will depend on his will, but legally your relationship is over.
Read more: These two sentences indicate the end of marriage, Divorce Lawyer told that the relationship cannot be saved again
End party divorce precautions
After getting a divorce decree, wait for 90 days, so that the appeal time passes. If you suspect that she can appeal, then keep in touch with your lawyer. Protect the degree and all the papers related to it.
Can you marry again?
Yes, but only when, the 90 -day appeal period is over and no appeal has been made. Even if there is an appeal, the court has rejected it. In such a situation, you can get married.
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