YAMUNA 06 February 2020

Memo missing

My husband filed HMOP seeking divorce in 2011 and he got expartee divorce on 2014 december. Later a week I have set as side against the expartee divorce n I went for 4-5 hearings after my husband n myself rejoined n 2015 June. we both went to court regarding our case we both said to judge " v have rejoined n living together" judge k write n give that in statement we both written in A4 sheet there itself and signed n gave to judge(JOINT MEMO in 6/07/2015). Later I followed up to my lawyer he shows me in e-court status the divorce HMOP has been finalized as compromised. In 2018 my husband left me n now he s trying to marry a girl with all my jewel n property. He s telling his expartee divorce decree s valid. I ping back my lawyer he s telling due to that JOINT MEMO the judge had written FALSE JUDGEMENT as follows: The set-as-side has been dismissed due to this Joint memo. Judge didn't dismiss the divorce decree so he can marry. Now I have filed a petition to get a copy of my set-as-side n JOINT Memo but now the JOINT memo alone is MISSING in court???? So I gave individual petition again for joint memo but anyway reply from the record section until today the joint memo s missing. What is the solution for this ?? What should I do further ??

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9 Replies

G.L.N. Prasad (Retired employee.) 06 February 2020

When the matter is being handled by a professional, he should take care of the needs of the client. Please pursue with him for such copy. It is possible that every public authority maintains sufficient extra copies in files and they can generate a duplicate copy. If your advocate fails to retrieve from records section, make a complaint to Registrar , Vigilance of HC for proper remedy.

SHIRISH PAWAR, 7738990900 (Advocate) 06 February 2020

Dear querist,

First of all change advocate. You have to challenge the divorce judgment. I will advice you to go for one time settlement. As nothing will come out from appeal.

Regards,

Shashi Dhara 06 February 2020

Change advocate and file suit for maintenance u/s125crpc if he Denys let he goes to court then you challenge it in court let he submit joint memo to court if he has obtained certified copies if he Denys then he has to submit it in court to prove his contention.

YAMUNA 06 February 2020

Already MC has been filed n got judgment in 2014 but not executed becos I have rejoined with him n lived together 2015-2018 but now he left again n trying to marry a girl what shall I do further???

Shashi Dhara 06 February 2020

You approach court for maintenance then he will submit the records of MC of 2014 u deny that you have filed joint memo and he is cheating and trying to marry another one

Dr J C Vashista (Advocate) 07 February 2020

The case was finalised when both of you appreared and made statement before the Court.

How do you intend to re-connect it with present circumstances, which are totally different ?

Dr J C Vashista (Advocate) 07 February 2020

It is advisable to consult and engage another local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

However, if you are located in Delhi and feel so, may contact me (on appointment) with relevant case file at: Chamber no 647, Dwarka Courts Complex, sector 10, Dwarka, New Delhi-110075 Cell # +91 9891152939 email: majjagdish@yahoo.com or visit: vakil-saab.com

YAMUNA 07 February 2020

2011-14 disputed(hmop filed n exparte divorce in 2014? 2015-18 rejoined(2014-set-as-side n compromised n submitted joint memo in 2015) 2018-20 again disputed n now trying to marry another girl with that exparte divorce decree