exparte divorce and lok adalat
Querist :
Anonymous
(Querist) 03 August 2010
This query is : Resolved
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 and in order to get over with the case my lawyers sent the summons to the wrong address, but 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. 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 for which I am now paying a heavy maintenance(monthly) as decided by the court(after she re-opened the case). In a months time she will start putting up evidence against me. i has suggested to my lawyer for a one time settlement and upon talking to my ex-wife and her lawyer he suggested we take the case to the lok adalat. I would like to know :
1. does that mean that now my ex-wife is ready to settle the matter amicably?
2. she can easily prove that I took divorce on fraudulent basis. Can there be any foul play on her part in taking the case to the lok adalat?
3. Since the matter was to set aside the decree of divorce, will it mean that she and I will move to the lok adalat as husband and wife.
4. will the lok adalat consider my current wife’s situation?
s.subramanian
(Expert) 03 August 2010
you have been grossly misled. you agree to go lok adalat and participate in the proceedings. try to convince your wife to agree to some kind of amicable settlement and get divorce. never resort to this kind of slip shod methods or wrong approaches in getting legal remedies. they will prove futile in its due course of time. if you have valid grounds for divorce put forth it and convince the court. otherwise brow-beating will not help you in any way.
