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sa (Lawyer)     13 May 2011

Ex party decree possible or not

Hi,

I got married in May'10, but my marriage didnt consummated,his parents and the guy himself the guy himself tortured me a lot and at times he hit me also, things were nt well between us so I started living away with my parents, in th emean time we agreed upon mutual divorce, hes frm haryana and I m frm UP.

But since thr are no family court at his place I called him to my city , but they were not ready to come.Also the compensation offered by them was nt ok, in the mean time I did DV case against him.....they didnt took the summons, and the guy went to abroad for a year.

Now if i file divorce under cruelty and summons didnt get served for 90 days is the Ex party decree possible or not?? and if possible can I claim compensation afterwards or not?

Although divorce is more important than compensation.

 

Please do reply....coz my whole life is in front of me and I cnt let it go like dat......Please lawyers do reply

 

 

 

 

 



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 May 2011

If summon is not served on the respondent, ex-parte decee is not possible, you have to follow the procedure to serve the summons.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     13 May 2011

Only after they get summons and not appeared in Court, then only exparte decree can be possible
1 Like

Arup (UNEMPLOYED)     13 May 2011

YES POSSIBLE.

SUBJECT TO SERVING THE NOTICE PROPERLY.

1 Like

hema (law officer)     13 May 2011

Dear Sa,

You said the marriage is not consumated.  you did not say the reason for non-consumation.  it is important to know to give advice to you whether you have to file annulment case or divorce case.  you file annulment/divorce case depends upon the facts of the case at the family court, where you are residing.  You must know his residential / official address abroad, before filing the case.  once case is filed, notice will be served on him.  Either he accepts coourt notice or refuse to receive it.  if he accepts, it is his responsibility to come to court and defend himself.  if he refuses to receive the notice and the same is returned to court with a remark that the addressee refused to receive it, the court deems it properly served and order for ex-parte proceedings.  in ex-parte proceedings, you have to prove your ground properly before the court for annulment or divorce.  then only the decree will be given in your favour.  in annulment case, perrmanent alimony may not be possible (there are divergent views on this point).  but in divorce, permanent alimony  depending upon the quantity of his income and property, will be given to you subject to your proving his income and propoerty.

warm regards, 

1 Like

sa (Lawyer)     30 May 2011

Hi All,

Many thanks for the replies.......now there is new twist in the story, my husband somehow cracked my emails passwords and he got hold of few mails from my male coleagues and soem from my past relations , although there is nothing to fear cause i never talked toa ny guy after marriage, but based on those mails he is trying to proove that I cheated on him or my character is not good.

I am really tensed cause those mails are really private ones and are of past, but things may take ugly face now.

 

Please lawyers help me to tackle the situation.

 

Thanks.

Tajobsindia (Senior Partner )     30 May 2011

@ Author

1.
As a Lawyer why you are seeking advise on your own Divorce case that also after filing Bharat Ratna DV case after complaining of less compensation offered by them?
Reasoning:
Service of summon is first basics which any practicing and non-practicing Lawyer is aware of!

1 Like

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