Your wife has remarried after period of 3 months of divorce decree 

2) her remarriage is valid no case of bigamy is made out 

3) if HC set asides ex parte decree the case would be remanded to family court for trial 

4) your appeal is infructous if summons were not delivered to her before her remarriage 

- As per law, the limitation period for filing the appeal or setting aside the ex-parte decree of divorce is 90 days from the date of passing of the decree by the Court. 

- Since, the said decree was granted to her on 30 May , and she re-marry in Nov,24 it means that her marriage is legal 

- However , you have right to file the appeal against that decree of divorce on the ground of date of knowledge /information and on the ground of non-service of the summons

- Further, if the High Court set-aside the decree then the matter will be remand back to trail family court. 

- No , bigamy case is  maintainable as she has married after the expiry period of 90 days. 

The period for filing appeal commenced 31.05.2024. Period of limitation is 90 days from the date of order so in your case limitation had expired on 30.08.2024 while summons were issued to her after expiry of period of limitation and further there was no stay order staying the order dated 30.05.24 so there was no restriction against wife from performing her second marriage. Mere issuance of stay does not amount to stay. Generally high court in such cases try to reconciliate the matter as the wife's second marriage cannot be reverted. No case of bigamy is made out against wife even if you succeed in your appeal. In given circumstances second marriage of wife is fully valid. 

1. Even though she may decide not appear before high court, the high court will pass an order on the merits on the  grounds of  appeal because it appears that the trial court judgment was on the basis of contested divorce and not an exparte divorce. .

2. If she appears before court and informs court that she remarried after the expiration of time limit for filing an appeal but before she received the summons, the court may consider her pleadings as well. 

3. It cannot be considered as an act of bigamy because the time limit for filing an appeal is 30 days from the date of judgment excluding the time  taken for obtaining certified copies, hence she is very well within her rights to remarry after the time limit for appeal, hence it cannot be considered as an act of bigamy especially in the absence of any stay order staying the judgment delivered by the trial court in this regard.

The time limit for filing an appeal against a family court judgment in a divorce case before the high court is 30 days from the date of the judgment.

Section 19(3) of the Family Courts Act, 1984 states that an appeal against a judgment or order passed by the Family Court must be filed within 30 days.

Hence your thoughts of filing a complaint under bigamy is not maintainable. 

Q1: If she does not appear in the High Court and the High Court overturns the family court’s decision ex-parte, how can you proceed?

If the High Court overturns the family court’s divorce decree ex-parte:

• The decree of divorce becomes invalid, and legally, you and your wife remain married.
• You may file a criminal complaint for bigamy under Section 494 of the Indian Penal Code (IPC), provided you can gather evidence of her second marriage.
• You can also seek an injunction or declaratory relief regarding her second marriage's legal status if it was conducted during the pendency of your appeal.

Q2: If the summons were not delivered to her before her marriage date, will your appeal be defunct, or is there recourse?

• Your appeal will not become defunct solely because the summons was not delivered before her remarriage.
• However, for bigamy to be proven, it is critical to establish that she knew or had reason to believe that the divorce decree was under challenge when she remarried. If summons had not been delivered, it may weaken the argument of deliberate bigamy.
• You can still pursue the appeal in the High Court, and if the divorce decree is overturned, the second marriage may face legal challenges as being void.

Q3: If the summons were delivered before her marriage date, what are your options? Can you charge her for bigamy?

• If summons were served before her marriage, she had constructive knowledge that the divorce decree was under challenge.
• In this case, her second marriage would prima facie amount to bigamy under Section 494 IPC, as she was still legally married to you pending the outcome of your appeal.
• For bigamy, evidence of the second marriage (such as photographs, wedding invitations, or witness testimony) will be critical. If you suspect she has remarried, you may conduct an investigation or file a formal complaint requesting police assistance in gathering evidence.

Steps to Take

1. 
   Pursue your appeal in the High Court: Ensure that your case is actively pursued and avoid delays.
2. 
   Gather Evidence: Try to obtain proof of her second marriage (e.g., social media posts, public records, or witness accounts).
3. 
   File a Criminal Complaint: If evidence is available, file a complaint under Section 494 IPC for bigamy.
4. 
   Consult a Lawyer: To strategize and determine the best course of action based on the specifics of your case.

If you need assistance preparing documents or strategizing your legal steps, feel free to book a consultation.

1. Divorce decree passed on 30 May 2024. (limitation for appeal 90 days from the date of receiving copy of divorce decree).
2. Summons issued on 28th October 2014.
3. Married on 21st November 2024.
4. Marriage after about 170 days of divorce (a valid marriage)
5. Summons issued on 28 October. If summons before with stay on marriage, her marriage on 21st November is not valid, she committed bigamy. If summons issued after marriage or without stay even than marriage is valid bigamy cannot be made out.
6. An ex parte order in appeal can be set aside.

She can’t marry till appeal period is over now her marriage will depend on the result of appeal 

Q1. If she does not appear in the High Court and the High Court ex-parte overturns the family court's decision, how can you proceed further?

• If the High Court overturns the divorce decree ex-parte, the legal status of your marriage would revert to being valid, as the divorce decree from the family court would no longer stand.
• 
  Next Steps:

  1. If she remarries after the High Court nullifies the divorce, her second marriage becomes void under Section 11 of the Hindu Marriage Act, 1955, since a subsisting marriage invalidates her remarriage.
  2. You can initiate legal action for bigamy under Section 494 of the Indian Penal Code (IPC). For a successful prosecution, you will need evidence of her remarriage (e.g., photographs, wedding invitations, affidavits from witnesses).

Q2. If summons were not delivered to her before her marriage date, will your appeal become defunct?

• 
  No, your appeal will not become defunct simply because summons were not delivered before her marriage. Legally:

  • The validity of the appeal depends on whether it was filed within the limitation period (90 days from the family court's judgment, with certain extensions possible for NRIs).
  • If your appeal is admitted and the High Court overturns the divorce decree, her remarriage will become void retrospectively, as the family court's decree would lose its legal effect.

Important Points:

• Her remarriage before receiving summons may not absolve her of potential bigamy charges, as ignorance of the appeal does not validate a second marriage if the first marriage is legally intact after the High Court judgment.

Q3. If summons were delivered to her before her marriage date, what are your options?

• If summons were delivered before her remarriage, it means she was aware of the pending appeal at the time of her second marriage. This strengthens your case, as she married despite knowing the family court's decree might be overturned.

Your Legal Options:

1. Bigamy Case:

   • You can initiate criminal proceedings for bigamy under Section 494 IPC. While you currently lack direct evidence, you can gather circumstantial evidence (e.g., her presence at a wedding venue, social media posts, or witness testimonies).
   • If the appeal overturns the family court's decision, her remarriage is rendered void ab initio, making the case for bigamy stronger.

2. Contempt of Court:

   • If she knowingly remarried while the appeal was pending and after receiving summons, you can also file a contempt petition, alleging that her action undermines the judicial process.

3. Void Marriage Declaration:

   • Once the High Court overturns the divorce decree, file a petition in the family court to have her second marriage declared void under Section 11 of the Hindu Marriage Act.

Key Considerations:

• 
  Proof of Remarriage: Bigamy requires evidence of a valid second marriage ceremony. Collect as much proof as possible.
• 
  Timing of Appeal Filing: Ensure that your appeal was filed within the permissible period, as a delayed appeal may weaken your case.
• 
  Mutual Settlement Option: If both parties are willing, consider settling the dispute amicably to avoid prolonged litigation.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. If the decree of divorce is set aside then her second marriage would be come null and void and she can be prosecuted for bigamy.

2. Your Appeal would be heard on merit though the court would be very slow to disturb her present marriage.

3. Service of summons has nothing to do with the merit of the Appeal provided her remarriage was after 90 days from the date of decree of marriage.