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Vijaya (employee)     06 November 2011

Exparte divorce

 

Wife got exparte divorce 8 years back on grounds of desertion and cruelty as husband had abandoned her and child and absconded without any trace or location.  4 years back wife found him residing abroad but he avoided them stating she got the wrong person for around 3 years. Only  in Jan 2011 out of sheer social pressure of child support and maintenance claim by wife he came forward identifying himself to his daughter via emails. He knew that wife had initiated divorce action on him and took the trouble of finding out from court that wife had divorced him exparte. Then he started claiming himself to be divorced based on wife's exparte divorce order. He states that he has no liability to maintain his child as he is divorced and child is with mother and mother is legal guardian and it is only her responsibility to maintain the child.

 

Actually within 2 years of marriage husband had deserted them and put a divorce case and absconded. The case was dismissed for default of appearance of husband and then wife filed a police case to recover her jewels and stridhan which she recovered from husband's parents in India while husband was still missing.  After recovering stridhan and waiting for more than one year unable to find her husband, wife filed for divorce and got exparte divorce.

 

What is the validity of wife's exparte divorce order. Can husband claim divorce based on that. Wife is not remarried and wants to join husband with the child. Husband does not want to provide anything for them legally, socially or morally. What are the rights of wife in such a case. please do reply



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 13 Replies

Mahesh (Owner)     06 November 2011

The exparte divorce stands valid and now if the wife wants to rejoin the ex-Husband, she will have to remarry him if he is ready.

adv. rajeev ( rajoo ) (practicing advocate)     06 November 2011

Ex-Parte deceree is valid.


(Guest)

Get her married to a malicious lawyer. She's not entitled to any maintainence or child support. If you want the child get him/her and drop her as advised above.

K.P.Satish Kumar (Advocate)     06 November 2011

The exparte divorce decree stands still unless it is set aside by the court. Within 30 days of the order of the exparte decree, the husband should file a petition to setaside the decree. In this case there is a inordinate delay, Even though husband has chance to set aside the exparte decree for vaild grounds. The wife can always has right to claim maintenace for her and children. Consult experts to resolve this matter.


for details:

K.P.Satish Kumar M.L.

Advocate:-9962999008

web:- https://yourdivorceadvocate.blogspot.com

Adv. Chandrasekhar (Advocate)     06 November 2011

The ex-parte divorce decree is valid.

But she is entitled to maintenance till she gets remarried.  The child is entitled to maintenan - if boy till attaining the age of 18 years or if girl she gets married.

Vijaya (employee)     06 November 2011

If wife and child entitled to maintenance, then is it not too late to file petition in the court for maintenance. Child is still a minor-16 years  and father had abandoned  them 15 years back. Is there any limitation of time to maintenance claims in family cases. From when can they claim maintenance? Is it from the date of filing petition . Can any claim be made for past period i.e for the period before the date of filing petition. Please reply.


(Guest)

suggest go for a live in...


(Guest)

will get all


(Guest)

i doubt... who ran away ? how he got exparte divorce? why now want to rejoin him? money?  its your ex hubby who is going to ask you... anyhow you can get maintenance if you do not get involved in any adultery or remarried...

Rajeev Kumar (Lawyer/Advocate)     06 November 2011

Ex-parte divorce is valid.If the wife rejoin then she will have to marry with her ex-husband by his consent.

Adv. Chandrasekhar (Advocate)     07 November 2011

There are two options before wife to seek maintenance.  One is filing S.125 Cr.P.C. petition seeking maintenance for herself and child.  Both wife and child will be given maintenance of 1/3rd to 1/2 of the income of the husband from the date of application/ date of order depending upon the judge.  It has to be filed before the Metropolitan Magistrate.  Only Rs.1.25 (Rupees one and paise twenty five) stamp is required.  In this, you can seek interim maintenance, which means that after the husband appears in the case, after two or three dates, after hearing both the parties (even before taking evidence), the wife and child will be provided maintenance.

Another option is under Section 18 of Hindu Adoption And Maintenance Act.  It is a civil procedure and it takes time, but the relief is same as said in para 1 above.

There is no time limit for filing the peition.

Wish you best of luck.  

Bhupendra Kumar Arora (Advocate)     07 November 2011

how can a  resposible lawyer say that there is no maintenance and child support after exparte divorce. .  Women or man is not just a machine for producing child only.  There are some rights and duties which even stand as liability to each of them even after divorce.  If she is not remarried and not proved to be involved in any adultry she has right for maintenance and child support.  If she is employed or not employed is also a factor to decide maintenance after exparte divorce.  She has not fled from responsiblity but he. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2011

Ex=parte decree is valid.

 

For rejoining, the wife need to be remarried.

 

Wife can get maintenance for self and child, but the maintenance would be eligible from the date of filing of application of maintenance, no past maintenance would be payable.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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