Pls clarify - urgent


Dear All,

 

Pls express your views or suggest the provisions of law in the following scenario.

 

Wife Filed the Divorce Suit against the Husband on 1982 under H.M Act 1955 u/s.13(ia) and(ib) in the Ground of Cruelty and Desertion.  Husband side has not appeared in the Court for any hearing after filing of the written statement, which led to an exparte Decree in favour of the wife.

 

Later in the year 1997, wife came to know that the  Husband is a Mentally Disordered person affected by a disease "Schizophrenia" since 1980 onwards. 

 

In this circumstance, whether the divorce order is  valid in law or not?

 

The husband is also missing from 1995 onwards and there is no proper response from the husband side. In this situation, whether the wife can sue for any property from husband's family, which the husband, as a legal heir, is entitled to?

 
Reply   
 
Worker

In this circumstance, whether the divorce order is  valid in law or not?

 

VALID

 

whether the wife can sue for any property from husband's family, which the husband, as a legal heir, is entitled to?

 

after getting ex parte divorce, NO

 
Reply   
 


Worker

Suffering from schizophrenia as a sound ground for a decree of nullity. Whether the disease is curable or not does not make any difference. Where in due course the disease is cured, it would not affect the question of validity of marriage.-Tulsi Bai v. Manoharan 1990 (1)HLR 318


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Advocate

The exparte divorce decree is vaild before law unless it is set aside by the court. The wife has no right in the husbands property after divorce. But the children born out of the wed lock has rights in it.

Visit: http://myadvocate.wordpress.com


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Reply   
 

Dear Sir,

Thanks for your reply. In this case, husband is missing since 1995 and the police Department also has issued not traceable Certificate during 2010. In the circumstances how the wife can setaside the divorce order?

Pls suggest

Regards

R.K.Leela Mohan

 
Reply   
 
Worker

Wife Filed the Divorce Suit against the Husband on 1982

how the wife can setaside the divorce order?

 

wife applied for divorce - she got divorce - 

now why does she want to set divorce order aside ??

 
Reply   
 

u can give a try to set aside the ex-parte decree on the ground that a civil suit against the mentally unsound person does not lie.  But the onus will be on you that at the time of institution of divorce suit, you did not know about his mental ill health and came to know about it later on and at  present he is mentally not sound.


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Reply   
 

Dear Sir,

Husband Mentally unsound mind is not to be found since 1995 onwards and the Police Department has also issued the Not Tranceable Certificate. Presumbly he is dead, What is the remedy to set a side?

Regards

R.K.Leela Mohan

 
Reply   
 
Legal Evangelist - TRIPAKSHA

There is no remedy now.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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