Remarry after decree in ex-party divorce
Neeraj Jha
(Querist) 26 September 2016
This query is : Resolved
Dear Experts,
My relative succeeded in getting Ex-party divorce from Session court and after 35 days he re-married, after some time passed his ex wife came to know that he taken single side divorce and re-married also. She filed appeal in High court and he received the summons.
Will he be obelized in any manner and there can be any type of problem in re-marry in this condition??
Thanks
Guest
(Expert) 26 September 2016
You have the need to consult your course material in your academic queries, which you are usually accustomed to post.
Even if there is a slightest reality in your story, you have not stated, under what conditions he could get ex-parte judgment and what exactly are the orders of the judge.
Please mention all that.
Kumar Doab
(Expert) 26 September 2016
First wife might be able to claim Permanent Alimony only.
However share full details of the case.
Raj Kumar Makkad
(Expert) 26 September 2016
No definite comments can be given without going through the reasons which led to proceed the wife ex-parte and after how much time of such order, she approached to court.
Neeraj Jha
(Querist) 27 September 2016
He filed a case under section 13A, then got decree on basis of absent of his wife on the hearing dates, 3 times summons had been sent but she refused.
Now she is claiming that she did not get any summons up to her.
Thanks
P. Venu
(Expert) 27 September 2016
The facts, as posted, are incomplete.
Guest
(Expert) 27 September 2016
Your relative's success in getting ex-parte divorce and hurried remarriage have writ a ruin for himself.
Hire services of some capable lawyer to make him face appeal case of her first wife.
Best of luck!
Kumar Doab
(Expert) 27 September 2016
She refused::: what?
Has the postman recorded it; Refused to accept ( Lene se Inkaari Ki)?
Best is show all docs to a very able counsel, for a considered opinion and prepare well and prepare in advance.
Kumar Doab
(Expert) 27 September 2016
You may go thru:
W.P.(C) NO.14412 OF 2008 ( Decided on 11.08.2010).
SIDDHARTH DIXIT ……….. Petitioner. .Vrs. SMT. SUJATA DIXIT ………… Opp.Party.
http://lobis.nic.in/ddir/ori/ASN/judgement/06-10-2010/ASN11082010WP(C)144122008.pdf
Neeraj Jha
(Querist) 27 September 2016
Inkari of dusti summons
Kumar Doab
(Expert) 27 September 2016
Explain and show everything to your able counsel.
Neeraj Jha
(Querist) 27 September 2016
Sir,
In the above referred judgment the summon was not serviced by the court pyada and under section 5 notice the petitioner got the decree benefit. but in my relative case the summons were serviced properly 3 times but she refused (inkaari) to take.
What is your opinion, is he safe??
Raj Kumar Makkad
(Expert) 28 September 2016
If the respondent despite of repeated notices has not appeared before the court without showing any justification then the court has rightly proceeded her ex-parte and the chances of setting aside such order are remote but nothing can be opined definitely as there are judgments of both sides.
Guest
(Expert) 28 September 2016
Mr. Sonu,
If there is any truth in your story, at first, your question, "Will he be obelized in any manner and there can be any type of problem in re-marry in this condition," is becomes quite irrelevant in the absence of discussion about what plea she has taken in her appeal, as refusal could also have been manipulated by your own relative. Likelihood of reversal of ex-parte judgment cannot be overruled, as that depends on the contents of appeal and/ or failure on proper presentation by your relative, not on the plea of non-attendance or refusal of summons. Ex-parte judgments can well be reversed, if there is a strong plea against the observation of the judge.
Secondly, You have not stated, whether the divorce application was with mutual consent or a type of contested divorce?
Thirdly, you are required to intimate, what is the opinion of her own lawyer?
Please clear these points before stretching the thread any further, as I still believe that your query is nothing except an academic query.
Rajendra K Goyal
(Expert) 28 September 2016
Author need to reply the questions from expert P.S. Dhingra ji.
