Vinay Kumar Dewangan (Prop) 20 April 2011

About an Exparte Divorce

Hello Sir,

Myself Vinay and i had filed a petition of divorce under section 13 1(a) and i got exparte decree of that on Aug 16, 2010 after all the legal way to call her for appearance on the court. After divorce petition she had filed 498A and DV.
Now appeal of exparte divorce has been filed by her on 19 Oct 2010( after 64 days) on the same court (Family court) for staying exparte order and cancellation of decree. On that petition she alleged that she has not got any notice and informatin regarding that divorce petition. But in fact she was refused to take notice and sending it back stating that there is not but in the 498A fir she mentioned the same address. And in the DV case i informed her through the court about the case no and the hearing date but then also she was not come.

In the first order Hon'ble Judge dismiss the petition of stay on Exparte-decree and mentioned she has not yet filed apeal to the Appealeant court (High court). Now this judgement is in my favour but i want to know that even after every proof of her wrong allegation regarding not informing her, will this case be set aside as a ground of condolence being a woman.

I also want to know that Court has dismissed the stay petition from her. Can I remarry after that.

At Present Situation: I am unemployed because she has sent all those court papers and all to my head office and i have been asked to give resingnation due to over leave and after resingnation they were not even provided me releiving letter. I had been working there as a Asst Manager (Engg) in very reputed company. But even after the considering of fact Hon'ble judge has granted interim maintenance.

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3 Replies

Tajobsindia (Senior Partner ) 20 April 2011

@ Author

A take:

1. She has a right to Appeal under 90 days which she is utilizing. Reason given by her may not sustain in HC if you show Certified Copy of her FIR or certified docs. of S. 498a IPC where her address is clearly mentioned and this is filed after ex party divorce has been granted in your favor.

2. However natural justice also means her side may be heard which is very tricky in some cases. If your grounds in Divorce are bankable then why worry, let her contest now!

3. However, ensure that your “termination letter” is annexed in W/s at Appellate Court whose certified copy you don’t forget to take. This certified copy of termination letter will help you in contesting NO MAINT. to errant wife later on.

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Vinay Kumar Dewangan (Prop) 20 April 2011

Thanks Tajobsindia sir,

1) i also have certified copy of that exhibit in which i had mentined about the divorce case and also hearing date after that 4 hearings held but she did not give her appearance.

2) She has filed her appeal on the same court and in front of same Magistrate after 64 days of judgement. Is that 90 days for High court appealing period or any court because she also filed section 5 (Limitation Act) which is not yet been set aside. This appeal case is running since last 7 months and even after 8 hearings limitation act is undecided. Is that positive sign for me.

3) As i had described on that on the his first order he has dismissed her application regarding stay on Divorce Decree. Then can i think that Decree is executed.