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Vikram (SE)     12 January 2012

Restitution of conjugal rights and ex-party divorce

I did file Restitution of conjugal rights in the year August 2009  as my wife's parents took her back as there intention was to take me at their side and leave along with them leaving my old parents and brothers who are totally dependant on me as i am their elder son. From that day she didbn't returned back. During our re-concoliation meetings in the family once he agreed to come back and stay and after a month time , i have been rceieved reconciliation order as no settlement is possible and to continue with further proceedings. During then next hearing she made lot of allegations and filed divorce and maintenance of 25000 per month and a permanet alimony of 1 crore. As they published my salary certificate as i am a  software engineer  and i did n't show deductions then interim maintenance of 20,000 per month was ordered y family court and within a month during i was struggling in high court to with writ petition for interim maintenance orders for 1.5 months i didn't attend family court. So ex-party decree for divorce hapenned without proper cross examintaion.

So i now being filed a appeal with the high court , can i show the deductions now and what will be the faith of this case as there was no fault from my side and as they are behind money not leading a happy life as i been the software engineer. Also recently a police complaint has been filed in her name and entire family for dowry harassment and mental torture to her brother's wife which was published in tv shows also.

Will this any way help me and how can i ask this infomration to the relavent police station i am unaware?

Can any one please answer, what will be my faith and this case's faith.

 

 



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 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 January 2012

1) you file appeal for setting aside of divorce order.

2) If maintaince order is exparte , you can apply in same court for setting aside.

3) Make rcr application.

rajiv_lodha (zz)     12 January 2012

U said that u did not attend family court for 1.5 months & exparte divorce happened. Where was ur councel to take dates? Seems unlikely that family court jumps to give divorce ....even exparte........in such a short span of absence!

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