Ex-parte divorce
Nancy
(Querist) 15 September 2012
This query is : Resolved
Dear Experts
My friends husband left her in Jan 2011 after filing divorce in Nov 2010 and a lot of attempts were made by her parents to reconcile ,but boys family was not ready to listen .In Nov 2011 ,boy was granted ex-parte divorce as girls side didnt protest nor appeared in any court proceedings.
Now this ex-parte divorce decree which has been granted to boy is valid for girl also.
Can we get her married again now -does the ex-parte decree entitle her to marry again .
I mean will she be treated as divorced.
Adv.R.P.Chugh
(Expert) 15 September 2012
Yes it is valid for both the parties. Parties can get married after elapse of 90 days of grant of divorce whether it is bi parte or ex parte.
Nancy
(Querist) 15 September 2012
is there some legal formality required from girl side as they have no never filed any court case...they only know that court declared the case filed by boy as ex-parte divorce
V R SHROFF
(Expert) 15 September 2012
Nancy:
If you want, can Appeal against the Order.
You are entitled to Maintenance too.
Divorced wife is a "Wife" under legal definition to claim maintenance lifetime./ until re-marry.
Choice is yours.
if u want t re-marry immediately [90 d], accept the Divorce.
Guest
(Expert) 16 September 2012
Agree with the experts.
Sudhir Kumar, Advocate
(Expert) 16 September 2012
