(Guest)

Question on ex-parte proceedings hma?

me and A have compromised and her lawyer told that A would go for divorce decree and I should not be attending the proceedings resulting in an ex-parte divorce. There was no mention of alimony and maintenance in the notice served to us. I have a strained relationship with my now wife B(void and null according to hindu marriage act) and dont know whether this relationship will stand or not. Please dont misunderstand me but B is adamant and abusive girl. I would say my bad fate. Now my questions are: 1. Is it safe to go for ex-parte divorce with A. why didn't her lawyer insisted on MCD? Is he really doing good. 2. For the first court notice that's served to us which is due to happen in few days, A is also not attending. If both me and A doesn't turn up to court order, what does it mean? or is it a standard procedure. 3. If we finally get rid of A in exparte divorce. will it create a problem for B. whats the status of B? is she legal wife because A got exparte againist me and I didnt turn up to any of the court hearings? 4. If I would like to continue with B, what are the legal complications and how to deal with them. 5. If I discontinue living with wife B, what are the legal complications considering exparte divorce with A and how to deal with them. Please help me with right answers and guidance.

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3 Replies

Tajobsindia (Senior Partner ) 04 December 2012

What I grasped out of your brief and based on my grasping I am replying as below;

Brief as I understood; C (you) was married to A and had no cordial relations with A and meanwhile C also marries B. C and A reached some compromise and A is initiating divorce as per advise received from her lawyer as ex-parte for C. In between C and B also donot enjoy cordiality and now C has certain questions on his triangle facts.

Que. 1 Is it safe to go for ex-parte divorce with A. Why didn't her lawyer insisted on MCD? Is he really doing good.
Take: It is called collusion i.e. both sides knowing well about court case and intentionally avoiding court notice and letting it go ex-parte. In this process flow three times notice will be served upon you and last will be to any alternate address and then Paper Publication and she has to verbally say paras of her divorce suit and Court then announces a ex-parte Decree in divorce proceedings. Here it can be challenged by party. Why her lawyer did not advise for MCD which is much simple and straight forward right way out only he can tell you. All I can say reading down your complete brief MCD is the best legal process one should have opted for.

Que. 2 For the first court notice that's served to us which is due to happen in few days, A is also not attending. If both me and A doesn't turn up to court order, what does it mean? or is it a standard procedure.
Take: It is procedure of the Court to serve notice to defendant / respondent only in reference to context and not to both of you as you are using word and phrase “us”. . If A is not attending then there may be adjournment granted. If you also do not appear then also adjournment will be granted. It is standard procedure.

Que. 3 If we finally get rid of A in ex parte divorce. Will it create a problem for B. what is the status of B? is she legal wife because A got ex parte against me and I didnot turn up to any of the court hearings?
Take: First read and understand large reply to your que. 1 on procedure for ex parte. B is anyhow not a legally wedded wife of you as in a subsisting marriage you did second marriage without divorcing the first wife. Now if A gets ex parte when you also married to B then B does not now get status of “legal wife”.

Que. 4 If I would like to continue with B, what are the legal complications and how to deal with them.
Take: You are attracting bigamy in subsisting marriage. The legal complication will arise from A if she objects to it.

Que. 5 If I discontinue living with wife B, what are the legal complications considering ex parte divorce with A and how to deal with them.
Take: If you discontinue living with B now then she may claim maintenance under provision of being your mistress and to deal with her is difficult unless you end up doing plea bargaining i.e. accepting bigamy and thus lessee punishment under discretionary powers of the Court (if any).

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(Guest)

Tajobs bro, a very quick and sound reply. I really appreciate your concern. I owe you a beer.

Yes your understanding of the problem statement is crystal clear. Few more inputs to make it more clear.

Take1: I have received the notice and didn't avoid the notice. I was only avoiding court appearence or can say I am not contesting leading it to ex-parte for the girl A. According to you if Paper Publication is a must, then thats going to be scary. how to avoid it? MCD is preferred to ex-parte probably to save the time??? we(I and A) have arrived at a compromise with a cash prize to the girl for damages.

Take4: when the ex-parte proceedings are happening, can she file a case for bigamy? because at the end she can get away with divorce and I stuck up with a case? is that the reason for not opting MCD?

Take 5: Plea bargaining incase of section 415/417 right? does it amount to jail or can I get exempted with only FINE?

Tajobsindia (Senior Partner ) 04 December 2012

Originally posted by : stalker
	Take1: I have received the notice and didn't avoid the notice. I was only avoiding court appearence or can say I am not contesting leading it to ex-parte for the girl A. According to you if Paper Publication is a must, then thats going to be scary. how to avoid it? MCD is preferred to ex-parte probably to save the time??? we(I and A) have arrived at a compromise with a cash prize to the girl for damages. Take 1a: Not appearing after receiving notice and/or a collusive pre-mediated plan of both parties both are same and you cannot beautify English better than me here J Why such thoughts are scary now, both should have opted for MCD even today it is not too late. Ask A to withdraw or convert current proceedings into that under MCD further process time wise ex parte and MCD roughly takes the same time. Take4: when the ex-parte proceedings are happening, can she file a case for bigamy? because at the end she can get away with divorce and I stuck up with a case? is that the reason for not opting MCD? Take 4a: Yes she can jolly well charge you for adultery/bigamy. Reason is best known to you three why opting for ex parte instead of MCD like I said before ideally you should have divorced your second wife first and then paid prize cash to first wife and would have opted for MCD why ask me to speculate more than what I understood as in first reply and replied accordingly! I am fully aware it is not the right way in given brief but when a rapist admits to his crime in Chamber the dharma guides me to protect client with lesser punishment plea bargaining whether readers like this or not but that is what professionals unspokenly have to do in best interest of their clients. Take 5: Plea bargaining incase of section 415/417 right? does it amount to jail or can I get exempted with only FINE? Take 5a: That is an extreme step one seeks nod from a Court and cannot say which will be higher or lesser as no case on floor of Court. Moreover we donot know if A knows about yoru second marriage or not or it is just speculations here we are indulging the pleasure of :-) Observations: If you say and admit of cash prize given to A then best would be to opt for MCD in given situation after first divorcing second wife (if first one does not know of your second wife) and for your alleged marital relationship with B in a subsisting marriage it is best to leave just to that with closed finger and as and when situation changes we may talk about it in more details. Right now such encouragement should not be call of public discussions. [Last reply]