Sir, my wife filed 498a in 2012 and it was proved false with evidence in 2017. she filed Mc & I filed RC in June 2015. The Judge order
suggested me in September 2015 to pay Rs.24,000h(6,000 per month for my wife and 2 childeen)I paid that and the next month my wife asked for money and the judge denied that she has to face RC case. she was absent from last 17 month to the court. I got experee decree in RC and MC was dismissed. I want file divorce case. Now what my question is if I got expartee in divorce, can she reopen that case?
You have already sought ex-parte decree in Restitution and you can now file one year after passing pf the decree, divorce petition on the ground of non-resumption of cohabitation. If you get ex-parte decree in this divorce petition, if your wife comes to set aside ex-parte decree, she would hardly be able to set aside. Very less chances, now the question is that you have to find your new life partner and keep ready marriage and get the marriage registered immediately after the appeal period is over. That is all.
