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Appeal divorce, child custody, alimony

(Querist) 19 January 2019 This query is : Resolved 
Hi, I had filed divorce petition against my wife. The court has sent summons to my wife and she wantedly refused to collect the petition papers twice and didn't attend the court hearings. After the third hearing, court has granted me the exparte divorce.

Also as per HMA, time period which is 90days for appeal has been expired.

Now my concerns are as follows:
1. Is there any chances to appeal the divorce order?
2. My wife and her parents are forcing me to settle the alimony outside of the court. I told them that I will settle the alimony matter in the court only.
3. My wife and her parents told me that she will give my son which is 2 years old now. How can I get my son to my custody in legal?
4. Currently there are no cases on me. So other than alimony, is there any cases which my wife can file in future?
5. Day by day my wife and her parents torturing me and my family members through mediators and also my wife and her parents are lying/spreading rumours that I had taken divorce without their knowledge. I went to police station but they are refusing to take a report due to my wife political pressure. So, How to take an action on them?
6. Am I eligible for re-marriage?

Kindly advise me with your valuable suggestions. Your suggestions are very important to me and to my family.

Thanks in advance,
Vinay.
KISHAN DUTT KALASKAR (Expert) 19 January 2019
Dear Sir,
My answers are as follows:
1. Is there any chances to appeal the divorce order?
Ans: Yes, she can file delayed appeal along with application under Section 5 of Limitation Act to condone the delay. You are advised to marry for second time before she prefers appeal and get a stay order.
2. My wife and her parents are forcing me to settle the alimony outside of the court. I told them that I will settle the alimony matter in the court only.
Ans: Your option is very wise and stick on to it.
3. My wife and her parents told me that she will give my son which is 2 years old now. How can I get my son to my custody in legal?
Ans: You can file a separate petition for child custody and get legal custody of child.
4. Currently there are no cases on me. So other than alimony, is there any cases which my wife can file in future?
Ans: She may file any other case but such cases will be either stayed or set aside by High Court as there are after thought proceedings.
5. Day by day my wife and her parents torturing me and my family members through mediators and also my wife and her parents are lying/spreading rumours that I had taken divorce without their knowledge. I went to police station but they are refusing to take a report due to my wife political pressure. So, How to take an action on them?
Ans: Just lodge a complaint against your wife and her parents.
6. Am I eligible for re-marriage? Kindly advise me with your valuable suggestions. Your suggestions are very important to me and to my family. Thanks in advance, Vinay.
Ans: You are advised to immediately go for second marriage.

Please mark “LIKE” if satisfied by my answer.
Vijay Raj Mahajan (Expert) 19 January 2019
Firstly after the divorce, she's no more your wife.
Secondly the ex-parte decree of divorce can be set aside on her application if she makes in the same court rather filling appeal against the divorce order, there is no time limit for that as it was for appeal it is 90 days under the Hindu Marriage Act,1955.
She can seek permanent alimony under section 25 HMA even now but if you both compromise on an amount for alimony that can also be done in a legal manner.
As far child custody and visitation is concerned both parents have equal right for it and that issue can also be compromised out of court along with alimony and an agreement or memorandum of understanding can be worked out.
Going to court for litigation is not good if the matter worked out of court.


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