Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Krishnan Venkatachalam (Legal professional)     31 January 2013

Exparte order

'X' Bride groom, aged 27 years was married to 'Y' bride, 25 years during the month of September 2007. The marriage was an arranged marriage. Y refused to have conjugal relations with X during the nuptial night, also during their stay in X's in-laws house and during their honey moon trip. This lasted fro a week and got frustrated with the behaviour of Y, had frequent verbal arguements with Y with regard to conjugal relations with her but he did not disclose this issue to his parents or his in-laws due to embarassment.. The couple returned to X' house at Chennai and never had any conjugal relations with Y due to Y's adamant behaviour. X's parents who were living with X sensed the non existence of the conjugal relations between X and Y and were shocked and serious enquired both X and Y about the issue. X vented out his feelings and disclosed that Y is not inclined to have conjugal relations with him and repeated saying that it will be suffice to remain as husband and wife to the society. When X's parent querried ther daughter-in-law Y, she did not respond to their question and intead used abusive language to silent them. Y left the Matrimonial home in October 2007 to her brother's house under the pretext of celebrating diwali festival and there after never returned to X house inspite of X's parents initiative to solve the problem with the help of Y's brothers, Sister-in-laws and their relatives.

X approached a lawyer in November 2007 to file a divorce petition but was advised to approach Goverment counselling centre. The councelling centre issued notice to both X and Y and started the counselling process and it lasted for one and half years during which no amicable settlement was achieved. X filed divorce petition in July 2009. Y did not give consent for divorce. Y willingly avoided appearances in the court and the Court taking notice of her consecutive absence for several hearings, passed an Exparte order in favour of X on 30th January 2013.

Clarifications required :

1. What is the limitation period for revoking the Exparte order in the event of Y deciding to come up with some reasons for non-appearance in the Court or to go for an appeal against the Exparte order ?

2. How long X should wait from the date of Exparte decree for taking up his second marraige proposal ?

3. Is Y entitiled for any alimony from X ? Y is employed and has sufficient means to maintain her. 



Learning

 1 Replies

Chetan Joshi (Advisory/Advocacy)     31 January 2013

An appeal should be filed Within 30 days of knowledge....

 

 

I would suggest to wait for 90 days....

 

 

Yes she is entitled but will she get it or not has to be decided by the court.

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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