To counter set-a-side exparte order petition

Querist : Anonymous (Querist) 25 November 2011 This query is : Resolved
Hi I got divorce after the case was heared for 4 years and as my ex wife was in US she did not come for enquiry and so I got divorce on exparte. After 3 months i got married and as my jewels and my mother's jewels of about 500 Gms was in her locker I filed a petion for returning the articles now. She has come and filed petition for condole the delay and to set-a-side exparte order in the previous divorce case. What should I do now. Will there be a problem for the girl I married now.

Follow Query

Report Abuse

Shonee Kapoor (Expert) 25 November 2011
Yes and No.

Was the notice served to her properly. If so, the said decree won't be set aside.

Also, though the second marriage would be anulled if your divorce is set adide, you won't be liable for bigamy.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 25 November 2011
If the divorce decree is set aside then your present marriage would become void.
However while considering the ex parte the trial court would definitely take into account this fact.

Rajeev Kumar (Expert) 25 November 2011
Agree with experts

Raj Kumar Makkad (Expert) 25 November 2011
Generally if proper court proceeding was initiated prior to ordering ex-parte and re-marriage was performed after awaiting mandatory period of appeal then there are little chances to disturb the things. Such re-marriage cannot be disturbed.

You should insist that your ex. didn't appear before court at relevant time so a legal order has been pronounced and now you are remarried so things should not be disturbed. If a wife (ex.) can remain without her husband for more than 4 years of litigation, she can also pass her rest of the life. Such lady is not entitled to disturb the life of others living happily. Courts are not on mercy of such ladies who do not care for their husbands and for courts.