In India, a contested divorce can take years and decades for final outcome, if either spouse hangs on to their ego trip.
In a recent case, the Gujarat High Court quashed a decree holding a man’s second marriage null and void and directed the lower court to decide the man’s application afresh in six months.
This was second marriage for both parties, and the status of man’s third marriage remains hanging until then.
Case:
Parties were in a live-in relationship for a long time and married in April 2004 only after the man got a divorce from his first wife.
Soon after the wedding there were disputes between the couple. The husband, a resident of Vadodara, then rushed to the court seeking divorce.
The woman is a UK citizen and was living in India for over a decade because her forebears were from India.
While this suit was pending, he filed another suit in 2012 seeking annulment of the marriage on the grounds that his wife’s previous marriage was in subsistence at the time of their marriage registration.
Family Court
In August 2017, a family court in Vadodara passed an ex-parte order after closing the rights of the woman to present evidence. This order was challenged by the woman before the High Court, arguing that the lower court had erred in its decision.
The reason given by the wife’s lawyer for her missing appearances was that initially she went to England for some medical treatment and then she was jailed for contempt of court.
Husband Remarried Third Time
In his defense, the husband submitted that after the lower court’s order ending his marriage in 2017, he waited till the appeal period ended. His wife did not challenge the order for a considerable period, and he then married another woman.
Woman Approaches Gujarat High Court After Three Years Of Mutual Divorce Alleging Consent By Fraud
Gujarat High Court
Now, a division bench dismissed the Vadodara court’s order annulling the man’s second marriage to his British citizen wife and remanded the case back to the lower court.
The man submitted that he would face tremendous hardships in the future.
Surat Man Approaches Court Alleging ‘Rape’ By Wife…After He Learnt She Was Already Married
The High Court infact accepted the woman’s contentions and said,
In fact, plaintiff (husband) must prove his stand independent of weakness of defendant (wife). So, simply because the defendant’s right is closed or proceedings have not been attended while passing the decree, at least the stand of the plaintiff deserves to be examined at length.
DO WATCH:
Should Men File For Divorce First | Voice For Men India | Swarup Sarkar | Save India Family (SIF)
LEAVE YOUR COMMENTS BELOW:
Gujarat HC Quashes Man's Second Divorce After Years Of Him Being Remarried
▪️2nd marriage for both
▪️2004: Marriage; 2006: Separation
▪️2017: Lower Court grants ex-parte divorce, wife fails to contest, man remarries
▪️2023: HC directs case back to FChttps://t.co/fbFqWphmdD— Voice For Men India (@voiceformenind) July 26, 2023
Join our Facebook Group or follow us on social media by clicking on the icons below
If you find value in our work, you may choose to donate to Voice For Men Foundation via Milaap OR via UPI: voiceformenindia@hdfcbank (80G tax exemption applicable)
Follow Us
