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Rahul (executive)     01 April 2015

Divorce matter

My query is since I am withdrawing my divorce petition from wifes place and at present DV at wifes place and 498a in my place at Bangalore is pending, if wife file divorce at her place and if I became ex party then what is my advantage in this scenario. As wifes family is very roudy people we scare very much to fight the case with personal presentation at their place. If any fat alimony passed by court we can go to high court/supreme court for review the order..Expert advise please. 



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 8 Replies


(Guest)

Never let any case go ex-partee.  Better fight case and win it.

Rahul (executive)     07 April 2015

That is true. But fighting contested divorce on other state is troublesome for me since my aged parents are there........not only that the other side people are very much roudy and they use all sort of goondasim which is also a life risk.....

One thing kindly let me know if wife file divorce from her place can she file HMA24 also and ask for maintenance till divorce finalised....

Regards

Rahul (executive)     08 April 2015

advise from experts pl.

Goutam Prasad (Advocate)     08 April 2015

If the case goes ex-parte, you would not be able to present your case and hence can not inform court about your defence points. That will go against you.

You have already made a mistake to file divorce at her place the same was to be filed at your place.

Now, instead of withdrawing the case, you should get the same continued. If you get any adverse order, you may approach High Court.

Regards

Goutam Prasad

Advocate

 

Mob: 9810753838

Rahul (executive)     23 April 2015

Kindly let me know when I can apply for divorce at Bangalore once again adding desertion with cruelty ground.after withdrawal it from Pune family court....Actually .I want to know wheather any time gap is required for filing or not...

 

Regards

Rahul (executive)     08 May 2015

My divorce case has been disposed by pune family court on 27.4.15.

Can I once again file divorce petition at Bangalore family court adding desertion and cruelty ground right now....

Regards

killivalavan (manager)     09 May 2015

 I am not able to put this in a new topic .... kindly help me for the following query

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My divorce case is going on in vellur for more than 5 years , madras high court ordered speedy disposal to complete the case before July 2014, lower court-vellur  JM got one month extension from high court , ordered Ex-parte divorce during mid of august 2014 and communicated back to high court for the case closure.

My wife applied set side application during last week of nov 2014  using Order-9 Rule-13 with the reason saying that she was hospitalized for more than two weeks during august 2014, so she was not able to attend the case and meet the lawyers.

The lower court allowed the set aside application during feb 2015 without putting any time limit to complete the case.

 Can lower court allow the set aside application without getting extension from madras high court?

Can lower court allow the set aside application without mentioning the time limit to complete the case?

 

My Perjury pettion( 340 Cr.P.C)  was dismissed in lower court during 2014 though I submitted proof for her employment ,

Can I go for appeal u/s 341 Cr.P.C in madras High court or to district court ? please advice

Please advise me on the above query 

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Rahul (executive)     10 May 2015

Mr Killivalavan....Sorry sir....Expert can advise you properly on your query....Thanks

My query now to experts is as below:

If my wife file divorce from her residence at Pune...can I apply to transfer the case to Bangalore family court  through Supreme court...But  as per amendment of secn 19 of HMA1955 wife can file divorce from her present residence..Hence my doubt is wheather Supreme court will entertain my transfer petition...Regards

 


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