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pkumar (Confidential)     07 March 2012

What should i do - ex-parte decree

I am a divorced guy and found a prospective match. The girl is also divorced but she tells me that she was married to a guy who was a citizen of Mauritius. She also says that the marriage happened in India and then she went to Mauritius.

After 2 months of marriage she came back to India to get the visa renewed and when wanted to go back her inlaws never agreed and she could not return. 

She then applied for Divorce. Court sent various summons but the other party did not appear and finally the court provided Ex-Parte Decree.

Now I want to know, that is it legal to get married to this girl and what all checks are required by me to ensure that there are no future liabilities as I do not want to spoil lives again. How can i check the authenticity of such claims.

Please help I badly need advice. Please. Thanks.



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 19 Replies

rahul (director)     07 March 2012

ask the degree of divorce from this girl.. then you will get the case no and name of court. then go to that court and check entire case file yourself and get a certifiled copy..

and take advice of your lawyers.

Ravi chaturvedi (Partner)     07 March 2012

If the divorce is granted by the court it is legal to marry that girl without hesitation.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 March 2012

Mr.Kumar,

It is important to remember that she has got the divorce by a decree ex-parte(in absenti - in the absence of her husband) this decree is capable of being re-opened again by her ex-husband by filing an application in that behalf. Such applications are normally filed within 30 days of decree however examples are not scarce where it has even been done after couple of years. 

So what would matter now is ? the Decree that she has got - it has be perused, the time that has elapsed after that. the Conditions in which summons where served and how they were served - how returned ? (this is important because all this would decide whether her ex-husband would be able to get a favourable set aside order. 

Feel free to talk !

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 March 2012

Mr.Kumar,

It is important to remember that she has got the divorce by a decree ex-parte(in absenti - in the absence of her husband) this decree is capable of being re-opened again by her ex-husband by filing an application in that behalf. Such applications are normally filed within 30 days of decree however examples are not scarce where it has even been done after couple of years. 

So what would matter now is ? the Decree that she has got - it has be perused, the time that has elapsed after that. the Conditions in which summons where served and how they were served - how returned ? (this is important because all this would decide whether her ex-husband would be able to get a favourable set aside order. 

Feel free to talk !

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 March 2012

Dear Pkumar

if possible take divorce decree and see the date and investigate in the court too, if the 90 days has been over after that decree and there is no appeal or set-a side application filed by the husband, you can marry her.

feel free to call

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 March 2012

I agree, if 90 days have passed, then you can marry her.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

pkumar (Confidential)     07 March 2012

Thanks all for the reply. Now I have two answers..........One says that even after getting the Decree.....the Ex-Husband can go ahead and challenge the ruling even after several months or even years.

Other answer says that if 90 days have been passed, I can go ahead. Under which section is this acceptable? 

I would like to also tell that we live in different cities.

1. Can I hire a Lawyer in my city and let the lawyer take care of getting hold of the docs and verify the same and let me know or is it advisable for me to personally go and check?

2. Moreover can the divorcee be accepted within 2 Months of marriage as being claimed by the girl?

3. Do i need to check with the Embassy as well for verification of the claims?

4. How can I be sure that the reply or acceptance of summons are not forged or misleading?

I would be greatful to get a prompt repy....I sincerely need it.

Thanks in advance.

galsober@yahoo.co.in (def)     07 March 2012

Filing divroce after 2 months of marriage..............getting ex-parte orders..............DAAL MEIN KAALA dear!

best thing is to get a copy of divorce decree from her, take help of some lawyer's munshi to get certified copies of all the case papers of her divorce...........a matter of few days................read them to get the truth!

Donot be in haste, ur whole life is at stake!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

Husband can challange it within 90 days of his knowledge. And if so happens, your marriage would be declared Void.

 

Better cross-check all documents.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

pkumar (Confidential)     11 March 2012

Thanks Guys for all the answers. 

"Within 90 Days of his knowledge" is a conditional statement. Just want to know if court sends the Decree to the husband also and if yes how can i cross verify that the husband has got the decree.

Please help me guys. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 March 2012

The court sends notice of divorce petition only.

 

Decree is not sent to the parties.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

pkumar (Confidential)     12 March 2012

Decree is not sent to parties means that it should not be available with the Girl as well.....but the girl claims she has the copy of the decree......I dont understand.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 March 2012

Decree has to be obtained from court.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 March 2012

Decree has to be obtained from court.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

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