Appeal divorce, Child custody, Alimony
Vinay
(Querist) 19 January 2019
This query is : Resolved
Hi,
I had filed divorce petition against my wife. The court has sent summons to my wife and she wantedly refused to collect the petition papers twice and didn't attend the court hearings. After the third hearing, court has granted me the exparte divorce.
Also as per HMA, time period which is 90days for appeal has been expired.
Now my concerns are as follows:
1. Is there any chances to appeal the divorce order?
2. My wife and her parents are forcing me to settle the alimony outside of the court. I told them that I will settle the alimony matter in the court only.
3. My wife and her parents told me that she will give my son which is 2 years old now. How can I get my son to my custody in legal?
4. Currently there are no cases on me. So other than alimony, is there any cases which my wife can file in future?
5. Day by day my wife and her parents torturing me and my family members through mediators and also my wife and her parents are lying/spreading rumours that I had taken divorce without their knowledge. I went to police station but they are refusing to take a report due to my wife political pressure. So, How to take an action on them?
6. Am I eligible for re-marriage?
Kindly advise me with your valuable suggestions. Your suggestions are very important to me and to my family.
Thanks in advance,
Vinay.
KISHAN DUTT KALASKAR
(Expert) 19 January 2019
Dear Sir,
My answers are as follows:
1. Is there any chances to appeal the divorce order?
Ans: Yes, she can file delayed appeal along with application under Section 5 of Limitation Act to condone the delay. You are advised to marry for second time before she prefers appeal and get a stay order.
2. My wife and her parents are forcing me to settle the alimony outside of the court. I told them that I will settle the alimony matter in the court only.
Ans: Your option is very wise and stick on to it.
3. My wife and her parents told me that she will give my son which is 2 years old now. How can I get my son to my custody in legal?
Ans: You can file a separate petition for child custody and get legal custody of child.
4. Currently there are no cases on me. So other than alimony, is there any cases which my wife can file in future?
Ans: She may file any other case but such cases will be either stayed or set aside by High Court as there are after thought proceedings.
5. Day by day my wife and her parents torturing me and my family members through mediators and also my wife and her parents are lying/spreading rumours that I had taken divorce without their knowledge. I went to police station but they are refusing to take a report due to my wife political pressure. So, How to take an action on them?
Ans: Just lodge a complaint against your wife and her parents.
6. Am I eligible for re-marriage? Kindly advise me with your valuable suggestions. Your suggestions are very important to me and to my family. Thanks in advance, Vinay.
Ans: You are advised to immediately go for second marriage.
Please mark “LIKE” if satisfied by my answer.
Dr J C Vashista
(Expert) 20 January 2019
1. Get married and enjoy your remarried life.
2. No one can stop filing appeal before appropriate Court despite barred by limitation.
3.If you want you may move to seek custody of your son.
4. It would be better to consult and stick to the opinion/ advise of your lawyer who is an able, competent and intelligent enough consequently s/he has successfully managed to get an ex-parte decree of divorce.
sachin sharma
(Expert) 24 January 2019
You have a competent court order of ex parte divorce in your favour, no need to worry now. Just go and get married second time. No crime. As far as alimony is concerned, if she want let her file, this is her right as per Indian law. But if your r married, court will see your expenses in a newly married life too and she will get a meagre amount as a maintenance. As far as out of court or in court settlement is concerned, I feel the stage already passed because the court has already granted divorce in your favour, now there cannot be second divorce by mutual consent unless and untill the higher court set aside the lower court order. For child custody you can file a separate case in a family court. In case she comes on court summon, it will be visible that if she is getting the summon this time and joining the court proceedings in this case, obviously she would have received the same in divorce case as well. You will then have a contention to raise in her appeal, if any, against ex partee divorce that it is proved that she deliberately avoided the summon the ex-partee divorce was rightly granted.
