divorce exparte

Querist : Anonymous (Querist) 24 January 2011 This query is : Resolved
Brief summery of the case:

Got married 4 yrs back.

A female chield was born in Mar-08

Wife left home in Dec-08 and filed 498A.

In Feb-09 filed 125 CRPC and divorce.

125 CRPC not decided yet.

She got ex-parte divorce as I did not appear in the court.

I dont have the copy of the ex-parte divorce.

Can I remarry now?

Can she hide this fact from police that she got divorce and register FIR against me if I remarry.

As you already know police that they dont listen to man's side in these kind of cases.

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A V Vishal (Expert) 24 January 2011

Can I remarry now?

Ans. Procure a copy of the divorce before remarrying.

Can she hide this fact from police that she got divorce and register FIR against me if I remarry.

Ans. Yes, it is possible hence advise you to procure a copy of the divorce.

Guest (Expert) 24 January 2011
without getting authenticated copy of divorce decree if you marry you will be in peril

Advocate Bhartesh goyal (Expert) 24 January 2011
Agreed with experts

Advocate. Arunagiri (Expert) 24 January 2011
Well advised by Mr.Vishal.

Querist : Anonymous (Querist) 25 January 2011
I can get the copy of the decree from court As I have only 1 date from when the case was filed and I received Summon from that I can get the date of judgement.

But As I never appeared in the court, can she claim that this judgement is invalid because there is no proof in that case that I was not appeared on a single date.

Can she claim that this judgement is not related to her? or was taken by husband by fraud?(by help of some other girl who might act as his wife in the court)

Amit Minocha (Expert) 28 January 2011
the judgment would not get invalid merely because you didnot appear.

Seek copy of petition and evidence also with judgment as it would bear her sign

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