Can the ex-wife object after the divorce judgment is passed?
My current partner separated from his ex-wife 3 years ago. Their marriage was forced, never consummated, and they never lived together. The girl refused to stay with him after marriage and went back to her house, never to return or even make contact. He filed for divorce in October 2023. The girl has never shown up for any court hearings. My partner went through the bailiff process, and notice was delivered to her house. The ex parte process started, and now the judgment day is set for 20 January 2025. We have already decided to get married in the first week of March 2025, as per Hindu traditions. We have made all the arrangements and are really looking forward to it. I just wanted to know if there could be any problems with this, or if the ex-wife can create any objections even after the judgment has been passed?
Your partner may marry in March 2025, depending on whether the decree of divorce is finalized until that date. Under Section 15 of the Hindu Marriage Act, once a divorce decree is granted, unless an appeal is pending, either party can remarry after 90 days. As the ex-wife has not contested the divorce and has missed hearings, it is most unlikely she will raise objections after the judgement. If she again files an appeal before the marriage, that adds complexity. It is always recommended to check with a lawyer for all the legal formalities.
Your partner can go ahead with the marriage in March 2025, if the divorce decree is passed before that. Section 15 of the Hindu Marriage Act states that after a divorce decree is granted, either party can marry again after 90 days from the date of the decree unless an appeal is pending. Hence it is unlikely that the wife would raise objections against divorce, since she did not contest the divorce and went missing from the court date. But if she manages to file an appeal right before the marriage, things could get pretty complicated. For instance, it is always ideal to seek advice from some attorney.
Ma'am, after obtaining an ex parte decree, you can marry him, as divorce is a mandatory process to marry someone legally in such cases. However, there are other aspects that need to be clarified in the case of an ex parte decree. As per the future date, she may appear on the last date to raise the dispute. For further legal assistance, please contact us on our helpline number
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