Exparte divorce & informing court about outside settlement

she has appeared in court through lawyer.

the case wont be exparte.

u have to get her defense struck down.

there is nothing called cool-off period.

if any, its appeal period and its 90 days, from the date of receiving certified copy of judgement and decree.

u can also get child custody. but u have to fight court battle for that.

if there is out of court settlement, both the parties have to file joint purshish informing the court about the terms of settlement.

parting ways amicably is always better rather than fighting in court for years together.

there is no such cooling off period of 30 Days , the period to appeal is 90 days from the date of receiving the certified copies of the divorce decree .for custody of child you have to file petition in the court and as you say that out of court settlement for child custody if you can you do so but make a joint written agreement signed by both husband and wife and submit It in the court accordingly.

It will be the sole discretion of the court to set her ex-parte, for if she chooses to abstain herself from appearing before the court or have not instructed her counsel to make any representations including filing of counter/statements on her behalf for more than a reasonable period.  After setting her ex-pate and recording the petitioner's evidence to this effect, the respondent has to file a petition to set aside the exparte decree within 30 days from the date of decree, she however can file a petition to set aside the exparte decree after the expiry of 30 days period also but she has to move an application to condone the delay in filing the set aside petition u/s 5 of limitations act.  I do not agree with Mr. Amit's last leg of his opinion above reading thus '

parting ways amicably is always better rather than fighting in court for years together.

This will not have any legal effect on the status of marriage because a marriage solemnised subsequent to this will be treated as bigamy. After obtaining divorce or during the pendency also, you can file a petition for custody of the child, it is the court which will decide and not any human being about he custody of the child to remain with whom etc. Now till all the litigation are not closed do not make any commitment about your child's maintenance and settlements etc.

Dear Gentleman,

Thanks a lot for your answers.

Kindly explain about the legal procedure (Section/docs etc) for the below point. Mr. Laxmi Kant Joshi has mentioned that we have to submit an agreement to the court for settlement done outside. But this is not a MCD.

  2. As my child is with her, I wanted to provide her with some settlement. If I provide such settlement out of the court, I think I need to register or bring this to the knowledge of the court as I do not want any troubles from her in the future. Can I register the settlement made or bring this to the knowledge of the court after the ExParte decree and cool-off period is complete?

A court is not a place to record each and every activity of yours just like that.  There are certain procedures to be followed.  Such transactions can be recorded by the court only on an application by the opposite party claiming maintenance or share in the property for the minor child.  A settlement executed and registered in favor of the minor child is a legal document which cannot be disputed later on, so do not worry about  the one which is not there now.

Hello Raj,

It is admirable that you wish to provide your wife with some support for providing for your child. If you have split on mutual terms, then you can opt for an out of court settlement, where a contract must be signed by both the parties agreeing to the terms and conditions laid out in it. The contract can specify the payments and what they must be used for and for what duration. In the case of Ashok Hura v. Rupa Bipin Zaveru, the Hon'ble Supreme Court held that After the marriage has ceased to exist in substance and in reality, there is no reason for denying divorce. The parties alone can decide whether their mutual relationship provides the fulfilllment which they seek. This was further affirmed by the decision in the case of Smt. Rachna Jain v. Shri Neeraj Jain in the Delhi High Court. If you can still settle amicably with your wife and not fight upon the maintenance amount in court, then that will be beneficial to all involved parties. I suggest you also engage a competent lawyer who can guide you with the finer technicalities of the procedures involved.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

She has a sadist mentality. She will never agree for mutual divorce. But I am very confident that I will win the divorce case if she comes to court. That is the reason why she is trying to drag by not coming to court. My lawyer is working on ExParte.  

1. After the Exparte decree, can I marry immediately? Or I have to wait till the cool-off period id complete?

2. After an ExParte decree and cool-off period, how can I legally stop her from re-opening it again? Is there is any way, please let me know.

3. If I am providing settlement out of court, then I think I have to ask her to file for maintenance and then do the settlement outside or through court and inform the court if settlement done outside.?