Jeya nirmala (teacher) 22 June 2016

Action against exparte judgement

I got married on 2010. After that we seperated due to heave mis understandings and left from my husband 's house in 2013 March,before that he filed a case under contigual rights which i avoided to recieve . he beaten me heavily and i filed a case against him in my native ,but he refused to come to my native due to the diffreent jurisdiction range .and i rejected his compromise talks. after 5a few months i filed a case in police station and accepted to live with me with in three months .again due to my brothers un necessary activities he cancelled the contigual rights case and filed a divorce case. i got my jewells alone from him without any compensation. I attended few sessions in court for compremeise .after that in family court case had gone i diddnt attend any vaitha on this .Now he told we got seperated so no need of compremise . now my son is growing and unable to manage the expenses. I tried to compremise him several ways but he is not even ready to hear my words. I heard he got exparte judgement around two years before . he is very much fond on our kid but now a days due to my and family members not allowing to see my kid he simply ignore me and my kid .if any time if i allow him he is seeing my kid and bring the things to my kid (Mot anything to me).and accept to pay the school fee for my kid . I loose the Support from my family also

Let me know the legel ways to stop his further marriage , Compensation and Share on his properties. We are belongs to minority community .is there any exclusive laws for that. I'm very poor unable to spend much .Expecting a service oriented advocate to deal this case .I'm ready rejoin with him only thing is he has to compremise. He is basicall a good person. but i only those days did a lot.Now I realise my faults but he is not ready to hear my words.

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7 Replies

(Guest)

Chapter over .no one accept like you .give child to him and he take care about your children.u can live yourself

Born Fighter (xxx) 22 June 2016

Jeyaji, marriage is a 2 way process involving loads of understanding. Many woman file cases and assume husband will become a puppet in their hands, but things often backfire, like it did in your case. Atleast you have realized your mistake but there are many women who continue abusing/threatening/harrassing husband to prove their negative ego.

when you stopped showing the kid to him, he walked away not bcos he was not interested in the child but bcos he genuinely does not want the kid to suffer due to your high handed behaviour.

After all that has happened you still r looking at legal options , in which case ur husband will never change his stand..........................sad....

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 June 2016

Dear Querist

Nobody can force or restrain him for second marriage, when he got bex-party order in his favour for divorce then after 90 days from that order he is eligiable to perform his second marriage.

you may file a maintenance case against him for child expenses and yourself too if you are unable to maintain your self u/s 125 of Cr.P.C.

Feel Free to Call

Khush 22 June 2016

no, you can not stop him remarrying, because legally he an marry again.

at the most you can file crpc 125 to claim maintenance will you remarry again.

A walk alone (-) 26 June 2016

You have spoil your own and your child life. Because of your ego only your child will suffer whole life. Now time has gone he can marry anyone legally. Now if you are not working you can only claim yours and your child maintenance through crpc125.

Jeya nirmala (teacher) 01 July 2016

Thank You for all of your advise. He has more affection with kid.So hope it will not proceed him for second marriage . I tried various ways to compromise him like convinced by the religious people ,etc.but after discussing with him all are scholded me only.Currently I dont know what he is doing? working or not married or not .rarely he come and ask to visit the kid.whole day he is playing with him and buy for him what ever he wants after that simply vanished.

How can I track him about his activities legally and other way I dont know.Im woring in an private school cant make frequent leave i dont know how can i recover him and how could i grow my kid without his kid? when ever he is requesting to see him i simply reject and now my kid asked all of his friends have father why not me ?why he is not living with us ? Myself and my family members started postioning him on my kid in a negative way .I know it's wrong but no other way.Once seeing him after that my kid entirely changed and verymuch attached with him ...

In case if i file a case for set aside against the exparte judgement what will happen? is the court can order him to live with me ? what kind of couter action he can do please suggest.Let me know the valuable reasons for getting the set aside . Heard court have some soft corner for ladies .I accept i did wrong I wish to ask for a second chance .Without coming to court I tried .He is not at all ready to hear my single words. his family members also not willing to do any kind of compremising activities since he stopped all others .my family members also not taking any kind of needful

Service mided Legal people please help me

Siddharth Dev (Advocate) 01 July 2016

Ooops! I have some positive news but you have few chances by challanging that decree/ orders of Court) might be your condonation of delay will be accepted and you may get relief from Court of Justice? But here needed more Tect i.e., techniques rather than Act (Law) or Fact(your case), you may contect me if you can? but first call me for appointment @ 7065185729 than I will give you time for audio/ video call No fee I will charge.

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