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B.K.Agrawal (President)     12 April 2011

Exparte divorce

I had filed a divorce petition at Visakhapatnam which was transfered to Kolkata by SC on her request. She did not attend this case but prferred to file another divorce petition in the same court and the court gave in her  favour exparte decree inspite of our Hazira and petition to set aside the exparte hearing. We immediately filed our petition to set aside the order within 30 days but my wife has married even when the matter is pending. What should I do?



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 5 Replies

M.Sheik Mohammed Ali (advocate)     12 April 2011

you can file in the same court, she is married another still expartee case in pending stage so the court may order to that marriage is nullity (void), or get compensation from her.

adv. rajeev ( rajoo ) (practicing advocate)     12 April 2011

when she has got married it is better to get the divorce order.  If your wife has got divorce order alredy then you do not press your case.

B.K.Agrawal (President)     12 April 2011

Thanks a lot for the suggestions. I agree with Mr.Ali's advise, otherwise if I accept the order, there will be a stigma of cruelty on my head for the whole life. I feel, I must prove my innocence in the eyes of Law.

Deep (k)     12 April 2011

It is good for you if she gets re-married. Otherwise you have to pay maintenance and so many things.

 

If she has remarried, then you should party instead of worry. Believe that you will be out of so many legal problems.


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