Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ashish   09 September 2016

Action after ex-parte divorce

Hello wll wishers,

I had applied for Divorce and got order from court as "Ex-parte Divorce". My wife did not attend the court date at all , inspite of several notice to her.
I came to know from one of my friend that, as it is Ex-parte divorce, so in future any time my wife can come to court by saying the previous notice had not been delivered to her or she was sick (by some fake medical certificates) so she could not attend the court that time and she can create problem to my current life.

Please suggest, even I have ex-parte divorce order, what more steps should i take to minimize the problems in future. your valuable suggestions will make my life little better



Learning

 5 Replies

innocenthusband   09 September 2016

Notice in all major local newspaper of the divorce, including newspaper in regional languages. 

 

Take a look at this case: https://indiankanoon.org/doc/1439810/

 

 

As stated already in the first instance, there was no necessity for her to wait for receipt of the notice in the circumstances of the present case. The notices sent to her were obviously evaded, otherwise there was no reason why the applicant was found on either of the addresses which she admits to be the correct addresses. Even if she was not present, there was no reason why other major members of the family did not accept these notices. And lastly the publication of the notice in one of the most widely circulated newspaper at Delhi was sufficient notice to the applicant." The High Court upheld the reasoning and the conclusions reached by the Family Court and dismissed the appeals filed by the wife.

Sachin (N.A)     09 September 2016

Originally posted by : ashish
Hello wll wishers,

I had applied for Divorce and got order from court as "Ex-parte Divorce". My wife did not attend the court date at all , inspite of several notice to her.
I came to know from one of my friend that, as it is Ex-parte divorce, so in future any time my wife can come to court by saying the previous notice had not been delivered to her or she was sick (by some fake medical certificates) so she could not attend the court that time and she can create problem to my current life.

Please suggest, even I have ex-parte divorce order, what more steps should i take to minimize the problems in future. your valuable suggestions will make my life little better

Remarry after 90 days of divorce if no appeal filed by her . it is the best solution.

Mukesh sharma (job )     10 September 2016

Hi its very possible that if she present in court and show than some relevent proof than court matter 

but she could do this all in 90 days period not after she could not claim for 

so you marry after 90 days if thier no appeal registerd by your wife side 

thnks 

A walk alone (-)     10 September 2016

you can remarry after 90 days if no appeal registered by your wife side

ashish   10 September 2016

I would like to thank, all of you, for your valuable suggestion and guidance.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register