I am Anshu , a Govt Servant from Bhopal. I got Ex- Parte Decree after her one time appearance and allowed for reply on next date. I submit my story in brief as below:-
· I filed a petition U/S 13 on the basis of cruelty against my wife at my area family court on 24/07/2010. She appeared at my court on 20/10/2010 and date was adjourned to 24/11/2010 for reply. Neither she appeared on 24/11/2010 nor she filed any reply after 20/10/2010. After 20/10/2010 (she appeared on 20/10/2010) the dates were adjourned to 24/11/2010, 06/01/2011,09/02/2011, 24/03/2011, 17/05/2011, 07/06/2011, 14/07/2011 and finally I got Ex Parte Decree and Divorce on 18/07/2011.
· She filed a petition U/s 125 for maintenance on 07/10/2010 and I received the notice for this case on 10/06/2012, But she is appearing regularly for 07/10/2010, 24/01/2011, 26/04/2011, 20/07/2011, 16/10/2011, 22/01/2012, 22/03/2011 and on 21/06/2011 for proceeding / dates for case of maintenance at her area court. I have certified copies from that court regarding her appearance there. As I have appeared at her area court on 21/06/2012 ALSO
· Surprisingly, I got a SUMMON from my Area Court on 17/07/2012. As she has filed an application to my area court for Re-Open or Cancel or Dismiss the ORDER and Decree issued to me on 18/07/2011. She came to know about my Ex Parte Decree on 06/03/2012 as she mentioned in her application. She further, stated in her application to my court that she was badly sick due to ARTHRITIES. after 20/10/2010. She mentioned in her application that she could not walk, move or leave bed and doctor advised her for complete bed rest. and due to this sickness she could not appear at my area court after 20/10/2010. The period of her ABSENCE is around 17 Months (i.e. 10/2010 to 03/2012) till filing her application and the period of 8 MONTHS is lapsed after issuing of Ex Parte Decree. (i.e. 07/2011 to 03/2012) from my court.
· No evidence is still given in the application. She came to know about my Decree on 06/03/2012 as she mentioned in her application. I received the Summon on 17/07/2012 and I appeared on 21/07/2012. Next date is 01/09/2012 at my court for this application.
Now I Want to know that :-
1. How can I oppose the application filed against my Ex PARTE DECREE . at my area court after period of her ABSENCE is around 17 Months (i.e. 10/2010 to 03/2012) till filing her application and the period of 8 MONTHS is lapsed after issuing of Ex Parte Decree. (i.e. 07/2011 to 03/2012) from my court.
2. She is appearing in her court for maintenance regularly but here she stated that due to sickness she could not appeared. Hence, how can I oppose this application.
3. How can I oppose Case U/s 125 at her court. As she has submitted petition for maintenance on false ground.
4. I got an evidence (attested by Govt Official) about her teaching experience for a period of 5 years at her place. She has appeared in Govt Teachers Exams by using this Experience Certificate. The period of this 5 years are from Jan. 2006 to Jan 2011. During this period she lived with me during 2006- 2007 and 5 months in 2009 and at my place. She has accepted this in her petition of U/S 125 at her area court. CAN I FILE ANY CRIMINAL CASE OR OTHER TO HER JUST SHOW HER THAT WHAT IS RESULT AFTER HARRASING HUSBAND.
5. After leaving me in 2009 she is staying with her JIJAJI home. Who is a Govt Servant with a good POST . Her family and parents are agree for this. But I can not prove ADULTRY. Can I make her JIJAJI as a PARTY either case or file any case against HIM also.
Dear Expert Sirs, please give me urs valuable suggestions to Reject her application at my area court and to Reject her maintenance case. I GOT EX PARTE DECREE AFTER HER ONE TiME APPEARANCE IN MY COURT. AFTER THAT SHE NEVER CAME TO THE COURT AT MY AREA.
THX and waiting for ur suggestions