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Rakesh Rakesh (Officer)     03 October 2009

EX PARTY DIVORCE

My daughter came back to me after her huband's domestic violence and not earning adequately. She is now earning  . Her huband  is planning to divorce to remarry. What can be done to prevent him to get ex party divorce.



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 10 Replies


(Guest)

It is very unlikely that he will get "ex party" divorce.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 October 2009

Contest the case vigorously whenever summons are received to your daughter but if he is not fit, what is use to live wih him???? Think over this also.....

1 Like

(Guest)

If you are worrying that he would get an ex-partee divorce behind your back, there are two methods.  File a caveat petition in the family court where they last resided together/where the marriage held and where your daughter is living at present.   In addition to this file a case under domestic violence Act so that, if he wants to file the divorce petition, he cannot say that he could not serve the notice to the lady due to ignorance of her whereabouts.  

Rakesh Rakesh (Officer)     05 October 2009

Thank you for your opinion. But I am affraid that his father is very cunning person. He got his both daughters divorced to get hefty alimony. His has all the dirty tricks up his sleeve. He may use these tricks like stopping summons to reach us to get es party divorce for his son so that he can once again marry to get further dowry. He has two daughters ( Divorced with hefty alimony ) and only son who has been driven out by him along with my daughter from his house ( as per his claim just to show that he has no relation with his son) but after my daughter came back his son is now again residing with him. Although when my daughter was residing with the boy he tried to kill her by making cut on her wrist for which she was admitted to hospital where it was shown as accedent.My daughter was force to say nothing about it due to emotional blackmail. I am in Varanasi where my daughter is working and the boy is in Delhi with his father where he is hardly earning anything.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     05 October 2009

If u want to save marriage life then file case u/s 9 of HMA and if u want to teach them a lesson then file a case under domestic violence act and show the medical report of that cut also.

Further, file case of maintenance.

Further file a case u/s 498A and 406 against whole family then they will come to know playing game with the simple girls for the sake of money.

You have to teach the lesson for such a greedy people.

Regards

adv.kamal.grover@gmail.com

Sarvesh Kumar Sharma Advocate (Advocacy)     05 October 2009

divorce and re marriage is not kidding .

Rakesh Rakesh (Officer)     06 October 2009

Thank you for your valuable advice. But how can I file case for maintenance. The boy does not have any reported income .He was doing business and never paid any income tax. Ofcourse his father has pension of about Rs 15000/ PM and mother has income of about 25000/- PM . Can she get maintenance on the basis of family income.  Please also tell me what is section 9 of HMA to enable me to take suitable action. Filing case u/s 498A and 406 involving whole family may not bring fruitful result as the boys father being a cunning and experienced person in this matter might claim that boy does not reside with them . He might have put notice in the newsparper to that effect.

Regards

K. Rajendra Prakash (Advocate)     07 November 2009

Ask your daughter to file a petition u/s: 9 of Hindu Marriage Act (Restitution of conjugal rights)  If he is not fit to be a good husband, what is the use of living with him.  He is not adequately earning, whether your daughter is ready to feed him.

Md.Anwarul Haque Danish (None)     07 December 2009

Originally posted by :Kamal Grover
" If u want to save marriage life then file case u/s 9 of HMA and if u want to teach them a lesson then file a case under domestic violence act and show the medical report of that cut also.
Further, file case of maintenance.
Further file a case u/s 498A and 406 against whole family then they will come to know playing game with the simple girls for the sake of money.
You have to teach the lesson for such a greedy people.

Regards
adv.kamal.grover@gmail.com
"

 

Dear Sir,

DO NOT FILE IPC 498A / 406

Please know this that I am strictly against IPC 498A and 406 as today even the judges know that it is being heavily misused. The Supreme Court of India has stated that it is Legal terrorism and the Cheif Justice of India has said it is the most misused law of the country. Besides it will take you an average of 5-8 years to get justice through that and there will be absolutely no scope of her going back to her husbands place and live like a family. That door will be closed forever.

Besides, if he resorts to fight the case, he can file counter cases of 340 and 211and send your daughter to jail.

The only thing you will get out of 498a is the immediate arrest of the boy and his family, but ask yourself this, would you live with your wife if she filed a false 498a and sent you to jail ? I think not.

Instead file for RCR u/s 9 of HMA and ask him to take her back.

But like others say, if he is that bad then whats the point ? He'll still be unemployed and will eventually harass your daughter to earn for him.

 

Think about it.

Regards.

Anwar.

Hardik Mehta (Family Counsellor)     08 December 2009

Rakesh,

What does your daughter wants, does she wants to continue the relationship or want to get separated. Reading your post, I feel that your daughter should not go back to him and take the divorce mutually. Ask for the one time alimony. There is no point in litigation since this will take golden years of your daughter. Think and then see what is the best in your daughters intrest. There is no use if fighting as your daughters hair can grow white.

 


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