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JAYAKUMAR S (Online marketer/researcher)     25 March 2016

Ex-parte divorce decree has been granted to me (petitioner)

 
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Dear learned counsel fraternity,

 

 I have received ex-parte divorce decree (contested) on 15.03.2016 to my HMOP case


& it was disposed with costs without any cross-examination or enquiry.
.

I have 5 queries, pls reply at the earliest:

1.What is the Validity of hmop divorce decree in re-marrying? ( i.e.,
when can i re-marry after the divorce decree issued on 15.03.2016)

2. Does the respondent go for an appeal to set aside ex-parte order ?
( respondent has already filed a petition to set aside ex-parte on
16.09.2015 during the case proceeding, i mean can she file for second
time)

3. Can she file for maintenance case (alimony) since iam unemployed  &
she is working in small company with less salary at  her hometown
place?

4. Is ex-parte divorce decree is enough to delete my ex-wife name in
my FAMILY CARD(RATION CARD) which is to be submitted to my taluk
TAHSILDAR along with my application letter requesting for my ex-wife name
deletion certificate from my family card bearing current permanent
residential address.

5.Here the ORDERS/JUDGEMENT below goes like this : What does that mean   "dissolved with cost"?  Should i pay any maintanence (alimony) to the respondent if she files for maintenence case in her hometown court?


Business : Order Pronounced. In the result this petition is allowed. On 30.11.2008 on the marriage between the petitioner and the respondent are dissolved with cost.
Nature of Disposal : ALLOWED
Disposal Date : 15-03-2016 

Looking forward for ur quick response ASAP.

Thanks & Best Regards,
JK.



Learning

 2 Replies

Samir N (General Queries) (Business)     25 March 2016

 "respondent has already filed a petition to set aside ex-parte on 16.09.2015 during the case proceeding, i mean can she file for second
time)" This statement does not make sense.  You cannot file a petition to set aside a final Order during the case.  The statement is self-contradictory. In any event, your ex-parte divorce will get reversed easily... not knowing the details, I cannot give an answer with certainty. And no, you cannot re-marry while the time for filing an appeal or petition to set aside the Order has not expired.  You seem to be in a hurry to jump from one problem to another... 

Adv Shrikiran.B (Advocate)     26 March 2016

Dear Jayakumar,

My answers to your queries:

1.What is the Validity of hmop divorce decree in re-marrying? ( i.e.,
when can i re-marry after the divorce decree issued on 15.03.2016)

Ans: . You can remarry after ninety days/three months when the appeal period is over.

2. Does the respondent go for an appeal to set aside ex-parte order ?
( respondent has already filed a petition to set aside ex-parte on
16.09.2015 during the case proceeding, i mean can she file for second
time)

Ans: Yes, the Respondent can go for an appeal and the appeal period is 3 months from the date of decree. The Respondent has to file for set aside petition before that Family Court which has pronounced the divorce decree. During case proceeding, no set aside petition can be allowed by the court.      

3. Can she file for maintenance case (alimony) since iam unemployed  &
she is working in small company with less salary at  her hometown
place?

Ans: Your wife can file maintenance (alimony) case even you are unemployed and even when she is working. You have to contest the maintenance case on merits.     

4. Is ex-parte divorce decree is enough to delete my ex-wife name in
my FAMILY CARD(RATION CARD) which is to be submitted to my taluk
TAHSILDAR along with my application letter requesting for my ex-wife name
deletion certificate from my family card bearing current permanent
residential address.

Ans: Yes it is enough

5.Here the ORDERS/JUDGEMENT below goes like this : What does that mean   "dissolved with cost"?  Should i pay any maintanence (alimony) to the respondent if she files for maintenence case in her hometown court?

Ans: It means the marriage is dissloved with imposing cost on your wife as she did not attend the divorce proceedings.You have to fight the maintenance case on merits.  

Best regards,

Adv B.Srikiran

+919618069453

 


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