Exparte divorce set aside.

Querist : Anonymous (Querist) 22 May 2010 This query is : Resolved
Sir,

I had obtained and ex parte divorce from my wife, But since I didn’t know where she was residing after she left my house my lawyers sent the summons to the wrong address, he also sent out a public notice through national news papers but again these news papers are not circulated where she stays. Now she has approached the court for maintenance as well as setting aside the divorce decree.She has appealed to the court after 5months as she was not aware of the divorce being granted.My lawyer at the time of my divorce had also mentioned that I may remarry after a period of 30 days which I did. He told me that if I remarry the court can never reverse its decision. I have a child with my ex wife but have not gone ahead with having a family with my current wife. My question to you sir is..

1. Can the court reverse its decision and If my ex wife succeeds in winning the case will that mean she and I are still married in the eyes of law?

2.If my ex wife proves the wrong address will my current marriage be null and void.

3. will the court not consider my current wife’s situation?

4.Can my current wife or my current wife’s family appeal against the decree of divorce since they married their daughter to me on the basis of this decree? my current wife and her family knew about my divorce?

5.Can the court force me to live with my ex wife if I don’t wish to?

6. According to my lawyer I remarried after 30 days will that also add to my problems?

Kindly help me….

.

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Pankaj Mehta (Expert) 22 May 2010
MR.Prabhakar resolved ur querries very well. As far as setting aside of exparty decree is concerned, find out about the reason explained by ur wife for not approching the court within stipulated perioud od 30 days after passing of decree and contest this issue, generally couurts are liberal about setting aside of expartee decree, better u contest all this for long upto appellate courts and in future possibilities of amicable settlement may arise, if u can afford to pay handsome amount to ur diworced wife.

Sachin Bhatia (Expert) 22 May 2010
Mr.Prabhakar resolved your querries very well.

V.V.RAMDAS (Expert) 22 May 2010
I do agree with answers given by my friend Prbhakar. It is also true than atlast she will come for an settlement and ask for permanent alimony.