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samanchi srini vas (member)     02 March 2011

divorce

Dear all with great respect,

In a Divorce O.P exparte divorce granted summons were served through court and post, the order copy also served on respondent.the respondent has full knowledge about dissollution of marraige.

But after 880 days of granting of divorce the respondent (wife ) filed petition for reopening and delay condone...

The petitioner in FCOP is have documentary proof that respondent is has full knowledge.

is delay may condone is peition entitle for re open.

kidly give suitable judgements regarding how the delaly cannot be condone.



Learning

 4 Replies

Tajobsindia (Senior Partner )     02 March 2011

@ Author

1.
You have to challenge the same i.e. her grounds for delay condonation.


2. A tricky que.; if the divorce was ex-party, then probably there was no settlement for your now ex-wife and probably for your children at that time.

3. In my opinion she is rekindling the old flame for a simple reason that someone might have told her that she can claim maintenance for herself and your kid(s) if they in her company provided she can produce summary evidence that  she is not able to support herself and the kid(s).

 

4. Legally she can claim maintenance from her ex-husband till she is married again. As far as the children are concerned, they are still your responsibility to maintain.


5. From your post, it seems there is no contact between your ex wife and your earlier children (if any) either hence in my opinion in a way she can jolly well open the ex-party Divorce case again even if all Services were done as per mention in your brief. I think Execution proceedings should have been done post serving Decree upon her and either she is still un-married or you are also un-married I feel so.


However, you may keep us posted on further development as it is a interesting emerging scenario.


BTW: That is the reason I keep on saying contest the case in full no matter how much money and or time it is going to take instead of settling and or taking ex-party Order and or Decree under various civil / criminal Family Law.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 March 2011

unusual delay. so will be dismissed if you prove that she received the notice.

If petition aloowed, then challenge the same before High Court

adv. rajeev ( rajoo ) (practicing advocate)     03 March 2011

Contest the case and produce the document regarding the communicatin of divorce order to the appllent.  No judgement is required

A.VIVEK ADVOCATE (ADVOCATE)     03 March 2011

if you are ready to proof that the other party is having knowledg of the divorce case dont worry .


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