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Jeya nirmala (teacher)     11 March 2016

Ex parte judgement

I got Exparte judgement against my Divorcee Petition One and Half year before due to her contionious absense. She doest nt allow me to see my kid more than a year.How can I get the permission to see my son Periodically. I plan to do second marriage whats the procedure for that? is it possible that my ex wife can abject my second marriage please clarify



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 5 Replies

KS Johal   12 March 2016

If your first marriage is not dissolved you cannot get married. Otherwise you will be committing a serious offence. You need to sort yourself out in terms of seeing your child and having contact on a regular basis. You need to apply to the court and ask that you wish to see your child and on a regular basis. You must not even think about your second marriage until the first one is dissolved.

KS Johal   12 March 2016

If your first marriage is not dissolved you cannot get married. Otherwise you will be committing a serious offence. You need to sort yourself out in terms of seeing your child and having contact on a regular basis. You need to apply to the court and ask that you wish to see your child and on a regular basis. You must not even think about your second marriage until the first one is dissolved.

sandeep (pvt service)     12 March 2016

if you have got an exparte order, then your divorce is done. she has a 90 day appeal period, after which you can remarry. let her appeal or not.dont wait for procedures

saravanan s (legal advisor)     12 March 2016

since its been more than 1.5 years you can remarry.as far as the child custody is concerned if the child is more than five years of age you can claim custody by filing a petition under guardian and wards act.the child wish to join the parent would be taken into account while deciding the child custody

Advocate Ravinder (Advocate/Attorney)     12 March 2016

Since you got exparte divorce decree and appeal time is over, you can marry.  Now coming to the question of custody of child you have to file a petition in the same court.  The court will grant custody of child to the person who looks child welfare.  Court looks into whether you have ability to maintain the child and can provide all basic amenities he needed and love and affection. Naturally your ex-wife will also claim custody.  If you do not get the custody, you may get visitation rights, may be weekly once.  You can spend the whole day with your child. 


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