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clarification


Dear Sir / Madam, Good Evening,

I got married three years ( i.e. 17-02-2010 )  wife filed HMOP pettion requesting for divorce from me.  Received information from their advocate stating divorce was declared on 27-06-2013. I wish to receive copy of those judgements.

Kindly advise me the procedure or steps to be followed in receiving Family court Judgements.

I have registered marriage do i need to cancel that marriage registration ?

Kindly advise me for two clarifications :

First thing is for receiving court judgements

Second thing is for cancellation of marriage

With Regards,

M.Suresh Karthik

 
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Practicing Advocate

Perhaps your wife got an exparte decree. Go to the family court that passed the judgment and file an application for certified copy of the judgment and decree. If you cannot do so yourself, you can consult some junior advocate practicing there, he can also guide you or even the staff there can guide you.

There is no need to get the marrige cancelled, the question itself is wrong.. bcoz with the decree of divorce the marriage gets dissolved.

 
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Respectful Archana madam,

Thanks for your clarification.

Yes madam when i went for hearing on 5th June 2013 judge said exparty order and advised next visit on 17th. But as per advise i haven't visited on that date again judge said next said next hearing on 27th June. Received call from wife advocate that divorce declared.

What is exparte divorcee ? Can i do second marriage ? will she create problem again kindly advise.

With regards,

M.Suresh Karthik.

 
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Respectful Archana madam,

Thanks for your clarification.

Yes madam when i went for hearing on 5th June 2013 judge said exparty order and advised next visit on 17th. But as per advise i haven't visited on that date again judge said next said next hearing on 27th June. Received call from wife advocate that divorce declared.

What is exparte divorcee ? Can i do second marriage ? will she create problem again kindly advise.

With regards,

M.Suresh Karthik.

 
Reply   
 
Practicing Advocate

You did not appear and contest the case hence it is an ex parte decree. You can remarry after 90 days from the date of the decree. Why will your wife create any problem when she herself have filed for divorce?

 
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Retired Government Servant

In my opinion, 90 days time will not come in the way. The exparte decree will be finalised as there will be no appeal against it.  Because, whoever to file appeal is  the husband and only husband. In this case, he is prepared not to file any appeal.

 
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Respectful Archana madam,

Thanks for your clarification.

I am happy to get divorce from her. This is not the right way to say but in my life it is very sad time. Before engagement i met her and told her that my dad passed away year before. my elder brother got settled after marriage my younger brother is studying in hostel i am taking care of my family and it is my father's last wish too. After explaning this i asked her do u like me. She said yes. After that only i agreed to accept her. After 30 days from marriage life she told me in 31st day that i don't like marriage life since my family ( i.e. their family members) said my dad will loose his life hence i accepted that other wise i won't hence she told me to take care of my life. I told her parents about the same. They said she is young kindly adjust. From that day onwards i was silent. 

I am sure there is no use of explaining this sad story . But through this divorce god has given me new life to come out of this wicked lady and her money minded.

Thanks again Archana madam your patience response really gives me good peace of mind. I am sure Sirdhi Baba would bless you with good health and Wealth. Wealth here i mean good peace of mind.

 
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Practicing Advocate

Thank you Suresh ji for your good wishes. There is no point in thinking about the past again, whatever had happened is over now, so think about the present and future now. However do obtain the certified copy of the judgement and see if there is any order of alimony passed... If she had not claimed any alimony tthen there is no need to worry. Anyways, forget the past and move ahead in life.

 
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Respected Madam,

Thanks for your mail.  I have an plan to build a house along with help of construction people or have plan to buy a indlvidual house along with land i.e. when we purchase land the person who sells along deals in construction of house. Hence i am planning to go for the same.

I am sure she can't disturb this i.e. ask share after divorce.

Clarification for the above :

Hope in your earlier msg you said after divorce nothing can be aksed or claimed any share ?

Today started for the progress of getting  judgment copy ,

For your kind information during counselling time she told to the counseller that she required only divorce nothing else. During hearing on June 05th i told, "  in front of the judge that she only applied for divorce , i am not. Even in counselling also she told she requires only divorce from me nothing else "  Due to financial issue i haven't appoint any lawyer for myself and i am not going to file any case against this divorce case. Even though it is know but for purpose of record i told these statement.

After hearing  the same judge said Expart order next hearing on 17th.

Your comments about my statement to judge :

 
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Respectful Archana Madam,

Good Morning,

I have received exparty divorce on 27 June 2013 yet to received judgement copy. I have requested help from another advocate to receive the photocopy of the judgement which they said it would take some time. My question here is since Divorce judgement was declared will she claim any money or property from me for maintainence etc in future. Assuming i got second marriage and having good life with property , money etc.

Yesterday evening one of my friend asked what happened to my divorce case i told court declared divorce . He asked me what if she ask money for maintaince ? i said when divorce was declared how come she ask ? he said without any legal document it is difficult to proceed.

Please guide me madam since i lost sleep since last night. After your message i am happy but now i am little afraid what will happen if she ask maintaince ?

Awaiting your reply.

With Regards,

M.Suresh Karthik.

Sureshkarthik30@gmail.com

 
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