If the husband has got a proper ex parte decree of divorce and has waited for the minimum 3 months’ period for filing of appeal before marrying again, as required under the Hindu Marriage Act, then his second marriage may be prima facie valid and it may not be an offence under IPC for second marriage while the first wife is living. So, the chances of punishment appear to be remote. I am writing this on the basis of knowledge of limited facts. You should better consult some local lawyer with all papers.
Technically, Order 9 Rule 13 of CPC allows setting aside of the ex parte decree in the circumstances mentioned in that provision. But, in the present case, there is a complication of the second marriage performed by the husband in the meanwhile, which appears to be valid. The result will depend on the detailed facts of the case and how the court exercises its discretion. In a somewhat similar case, I had seen a Supreme Court judgment, paying compensation to the first wife. However, each case has its own detailed facts and its own peculiar circumstances. It is difficult to hazard a guess and that too without seeing the detailed papers of the case. It would be advisable for you to consult some local lawyer by showing him all detailed papers of the case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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