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legalquerist ( legalquerist)     26 October 2014

Filing-Case-Against-2007-exparte-Divorce-Case

Dear Members, Friends:

A (Husband) got ex-parte divorce decree in the year 2007, when B(Wife) and her parents got fed up with attending court trials(at that time, 2 sons(C & D) are minors).  Court directed A to pay maintenance to B, C, and D who is a cerebral palsy patient till date.  A has never paid a penny till date.  A used to abscond when court people go to summon maintenance papers.  In the meanwhile A married another woman(E) stating that he got exparte divorce decree.  A retired in the year 2008 but is not given pension due to the irregular service record.  A is a retired NPDCL employee.  In the year 2008, A came to B's place and executed a Deed of Settlement that he will give us monthly Rs.5000/- and later on he did not commit to do so.  In that Deed of Settlement, A also mentioned that he will provide B,C, and D with some money and property as well, but A never returned.  As of now, no pension is granted, but A is preparing to clear his service record so as to obtain arrears of pension from his retirement year i.e.. 2008 which will be more than Rs.10,000,00/-  So, at this instance can B,C, and D go ahead and file a case against A.  C and D, both brothers are majors as of now and D is a physically handicapped persons suffering from cerebral policy.  In this regard, I request you to provide us with your valuable Legal Opinion.
 


Because of poor financial status and gimmicks of lawyers who are at A's side, fed up with these things B (wife) stopped attending to court and started living with 2 sons.  Now, If B(wife) wants to file a case against A(husband) is it okay to fight in the court of law, what does limitation act say in this case.


Tried for old court judgement in this regard in the District Court by applying CA but after a long struggle (9 months), the judgement copies are missing in the court.  Please also suggest how to proceed in this case.
Dear members, please do not say that judgement copy will not be missed in the court, believe that I have been roaming around the court for almost 9 months, but to no use.


Legal Querist



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