Contested divorce appeal after 120days

Husband remarried after appeal period and before he gets private court notice from appeal party (ex wife). The appeal was filed by ex-wife 120days from the initial judgment with 151CPC petition. Is the second marriage valid as the husband remarried after appeal period and before he gets the notice? What would be the view of HC on this?

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Advocate By LEAD INDIA Answered: 18 Mar 2024

Ma’am, as per the court directions appeal period is of 30 days and after this period husband is eligible to remarry. However, in a full bench ruling, the Bombay High Court ruled that a Hindu may get married again 90 days after receiving a divorce, provided that no appeal against the decree is underway. For further legal assistance contact us on our helpline number.

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