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Biswajit   24 July 2016

Ex-parte divorce

Hi, 

I married in 2011 and i blessed with a Baby boy in 2012. After that my wife fought with me for small reasons and we are staying separate from 2012. I tried to discuss with her to get a solution and she did not respond, even my family members and friends tried the same but she did not respond. Then I started Restitution of Conjugal Rights case and she did not attend the court so i got Ex-parte order. After that I filed for Divorce and even she did not attend the court. so in 2016 April, I got Ex-parte divorce order from Bangalore court (My wife and me , both are staying in Bangalore).

Please let me know , 

> whether I can Remarry and when ?
> If Yes, what action she can start to create trouble in my life ?
> what precaution should i take before I shall Re-marry, so that the rest of my life will be smooth ?

Thanks



Learning

 10 Replies

Vibha   25 July 2016

  1. Wait 90 days from date of divorce decree.
  2. After that you can remarry. 
  3. Avoidany contact with ex wife.
  4. It has become trend these days that ex wife asks for meeting under some pretext and then files false rape allegations. Be careful of not getting trapped in this.
1 Like

Sandhya Srinivas (Advocate & Legal consultant)     25 July 2016

Dear Biswajith,

              I do agree with Vibha's opinion, wait for 90 days to get remarry. There are chances that she may try to restore case and she may file maintenance case. 

 

1 Like

Sandhya Srinivas (Advocate & Legal consultant)     25 July 2016

Dear Biswajith,

              I do agree with Vibha's opinion, wait for 90 days to get remarry. There are chances that she may try to restore case and she may file maintenance case. 

 

Kumar Doab (FIN)     25 July 2016

Apparently 90 days are over.

You seem to have a good counsel.

Consult and marry and move ahead with your life.

Record all transactions if you are allured.

1 Like

P. Venu (Advocate)     25 July 2016

Yes, once period of appeal is over, you can remarry.

1 Like

(Guest)
You didn't mention about child? Did you get his custody as part of the reliefs you might have prayed for? Keep in mind that you are responsible for their maintenance even after divorce as per crpc 125 until she is remarried and until child becomes 18. She can file that case anytime, even if you remarry. And for the sake of child, I hope you are making efforts to visit him regularly, as children need both parents. If I were in your place I'll be more concerned about welfare of my child than my remarriage. I'm hoping that is the case with you as well, since you said, you were "blessed" with a child. With blessings, also are bestowed responsibilities.

(Guest)
You didn't mention about child? Did you get his custody as part of the reliefs you might have prayed for? Keep in mind that you are responsible for their maintenance even after divorce as per crpc 125 until she is remarried and until child becomes 18. She can file that case anytime, even if you remarry. And for the sake of child, I hope you are making efforts to visit him regularly, as children need both parents. If I were in your place I'll be more concerned about welfare of my child than my remarriage. I'm hoping that is the case with you as well, since you said, you were "blessed" with a child. With blessings, also are bestowed responsibilities.

Biswajit   26 July 2016

Hi All,

Thanks for your response and guidance.

While my case was running , I have submitted to court the Original Order copy and judgement copy of Restition of Conjugal Rights case and my old mobile (where all sms transactaions stored).

Now  as Case is over so I want to get back those items and also the order copy of Ex-parte divorce but my lawyer is not well now so I am not able to apply for the same to court. can I get all these items by myself by applying to court or can any other lawyer can help me to get back all these things or Only my old laywer can help me to get back these documents and mobile handset ?

Please advice..

Kumar Doab (FIN)     26 July 2016

Yourself and other lawyer can get it done.

Your own lawyer can also arrange for it.

Born Fighter (xxx)     29 July 2016

1) you can marry after 90 days from date of ex-parte order

2) from 2012 till 2016 it seems you had made no contact with your child. Most likely ur wife would have herself moved-on in life and does not want to see you again in Life. Or else she will suddenly appear from no where and file case claiming maintenance

3) Your rest of life will be smooth if you can live beyond the guilt of dumping ur child (without any maintenance) for sake of remarriage

1 Like

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