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sunil adv   20 February 2018

ex parte divorce

I got married with him on 30 jan 2011, coz of cruelty and domestic violence, I have filed divorce on 2 feb 2017against him , after doing all process the judge proceed ex parte, but on my last argument date the judge said that your husband is working in mumbai and all process of sending notice plaint paper done in his parent home, so you have to inform him also, send an email with summon and plaint on his valid email id, and attached an tracking mail print out that he read the mail,
I just want to know when I'll get ex parte decree.

Isliye samaaj bolta hai shaadi nibha lo court kachehri k chakkar kyu kaatne, jisne itna sab kiya aaj wo aish kar raha mumbai me, ek baar bhi nahi aya court, mujhe ek saal ho gaye court k chakkar lagate hue...


 7 Replies

sunil adv   20 February 2018

Is it necessary to send plaint paper with the sommon issued by the court..

Adv Radhika Mehta (Advocate)     20 February 2018

It is always better to ensure that parties are served properly.  Ex-parte Divorce is like a sword hanging over the head.  It can be set-aside at any stage later on. Do a thorough job now so you dont have to regret later. 

sunil adv   20 February 2018

Thanks for the suggestion Radhika

sunil adv   20 February 2018

one more thing Radhika ma'am, my parents wants to do my remarriage, when it is possible after getting exparte decree?

Kumar Doab (FIN)     20 February 2018

The judge has advised you probably in presence of your own Lawyer.

Your own lawyer must have also advised you.

Remarriage is possible after decree of divorce from court and appeal period is exhausted.

 

Kumar Doab (FIN)     20 February 2018

The facts, details in each matter may differ.

The needs, aptitude of litigating spouses in each matter may differ.

Some spouses may feel that IT is possible to save the marriage....

Some spouses may feel that IT is not possible to save the marriage.... and end wedlock with MCD...........and consider alimony...

Some spouses may feel that IT is not possible to save the marriage.... and end wedlock with MCD...........and may not bother for alimony...

 

The T&C in each matter may differ.

You are at liberty to consider contetsed divorce,MCD...........and T&C suitable to both spouse.

Your spouse may agree..

There is nothing wrong in checking in self or thru your own counsel.

 

Adv Radhika Mehta (Advocate)     26 February 2018

You can get remarried after 90 days. 


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