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(Guest)

Marriage Dissolved on Ex-parte

Hi,My marriage happened on 26-04-02 was by force and threat and so i had applied asking to declare it as NULL and VOID.It so happened on an exparte basis on 04-10-07 and the marriage was dissolved by the court. Now, the person has again applied in the court asking me to attend the case was exparte.He claims he was ill that he couldn't appear to the court.Now, am in the proceedings of getting married to someone else.Is there a possibility that the court will favor him and state the marriage is valid,if i don't appear for the hearings? Since am planning to marry shortly,will it be allowed  when the case comes into trail? Is there any way to i can remain without the torture of the person asking me to appear in the court? I heard that the case is being taken by the court again,even after the grace period given after the declaration of the judgment. How should i handle the situation?


 18 Replies

V.Raghavan (Advocate Madras High Court)     04 June 2008

In your case the exparte-order is only in the month of Oct 2007. In such exparte orders remarriage should be done after one year from the date of the order if no setting aside petition is filed. In your case with in a year the petition is filed and both have to undego trial by the court and the court will decide whether to dissolute the marriage? Till then u cannot proceed with the second marriage First let us see whether the court allow his setting aside petition on the basis of the reasons mentioned. U also have to strongly object the petition with available proof for your version and nullify his iintention

(Guest)
Sir,Thanx alot.i actually stay at bangalore and the case was happening at chennai. i had to travel for past 2 years and finally the marriage was dissolved on oct 2007. again when he has filed a aside petition this April month and i had received a notification from the court to my chennai residence where i dont stay. so, i have not accepted it. in such a case, how wil the court intimate me again or handle it? all these i had come to me from known circle in my locality as i dont reside in the same address. Even if i dont get married until this completion of 1 year, wil he be asking me to undego trail in the court? he had not appeared several times when the lokh adhalat had asked him to come along with his parents. he had not intimated the court too.. Enough chances were given to him to appear. it went for 5 to 6 chances for which i apppeared and he dint. on that basis,the court favoured ny petition. now, how is the court giving another chance by taking his petiton into consideration?

kindly help.

Prakash Yedhula (Lawyer)     04 June 2008

Dear Lachu,

In the given circumstances, it is better to appear and contest the application filed by the person and get it dismissed it on merits by putting forward your case. You can also put forward that you are getting married and if the application gets allowed you would be put to serious prejudice.

It is to be seen that the court always send notice to the Last Known Residential address and as such if you fail to receive the notice sent to your Chennai address, the court would order notice by paper publication, which you would not be able to know.

Hence my suggestion would be to appear and contest the application and get it dismissed.

Guest (n/a)     04 June 2008

Since you have travel to appear for the case, you could apply for transfer of the case itself to your city of residence(citing reasons of inconvenience and that this attempt from the ex-husband is only to harass you).

SROTAS -Global Legal Services (LEGAL)     05 June 2008

Better you file a transfer petition to transfer the case from chennai to bangalore. if you want any further clarification regarding the transfer case. feel free to contact Mr.Satish.D.B at Bangalore. His mobile number is 9900595252. He is having offices at Bangalore, Chennai, Madurai and Delhi.

(Guest)
Thank u all for ur replies.

As per the aside petition filed he had mentioned that hes filing it after the expiration of grace period of 180 days. [Due to illness]
1.I would like to know,wil the court allow the petition inspite of delayed filing of aside petition?
2. How is it handled when its filed as a delayed petition?
3.Is the second marriage allowed only after the completion of 1 year of the judgment declaration
4.Am unaware of this fact, and i have proceeded with the second marriage proposal and on the verge of getting married.What should i do now?
5.In case, if i had got married, will the second marriage be valid or still the first marriage is valid?
Kindly help me out. Thanks in advance.

SROTAS -Global Legal Services (LEGAL)     05 June 2008

There is a chance to allow the delay petition. If the court allows the petition with cost means, then you have to conduct the case and face the trial.

(Guest)
Sorry, can u pls tell me what exactly u mean to say by, petition with cost?? i cant understand this.

SROTAS -Global Legal Services (LEGAL)     05 June 2008

if any delay petition is filed before any court it is the discretion of the judge to allow the petition. if the judge feels that the medical grounds is valid and proper, then he may allow the petition for delay by ordering cost to you. That means, the petitioner has to pay some cost to you inorder to allow the petition.if you can please call to the attorney which i gave the mobile number. he will explain you.

Srinivas.B.S.S.T ( Advocate)     09 June 2008

Dear Dear


first you have to understand that an exparte decree is not a complete decree and it is bound to be set aside at one or other point of time. In your case your husband is showing his illness as a ground to condone the delay, which will definetly be allowed and the main petition will be restored to file. That means once the set aside exparte decree petition filed by your husband is allowed by court you main divorce case will be opened again for trial and you have to face the trial and in the meanwhile you marry another person, that marriage will not be a valid marriage as your first marriage is still subsisting and not dissolved. In such event your act will come under adultry. So please do take any hasty decision and see to that you contest your case and obtain a proper decree after full trial.


The other option is that you can go for a compromise and settle the matter with your husband in such event you both can file a petition under section 13B seeking divorce by mutual consent. Wishing you all the best. If you have further doubts feel free to ask them.


(Guest)

Sir,


Thanks fr ue advice. Now i have decided to contest the case and face the trial. i happened to see the petition submitted by him. i am sorry that i had read it wrongly as,he was ill then.


He says,his counsel was ill and he wasn't informed abt the dates to appear in the court. Lack of knowledge of the appearance dates has led to exparte,he says.


But when the judge asked the explanation of his absence, to his counsel, he had no replies and said no communication frm his end though he had sent a note asking him to appear on court.


Wil the petition be allowed now? what is the percentage of chances that it wil be allowed?


Thanks alot for the detailed replies posted. Thank u once again.


 


 

Srinivas.B.S.S.T ( Advocate)     11 June 2008

As i have told  you these things will prolong the matter but
nothing else. If you have sontested about the diferences in the
petition filed by him may be the lower court will dismiss the petition.
But  what is the guarantee that he will not  move the
higher court? in such a case the higher court  may accept his
petition this will do no good for you but prolonged litigation and
mental torture for you. sorry to say that being an advocate
but  what to do goddess of law has no eyes only ears.

SROTAS -Global Legal Services (LEGAL)     11 June 2008

If the reason for delay falls on the advocate side, it is easy for the client to get order in the delay petition. 75% chance is there to allow the petition. But you can file a revision petition before High Court challenging the order of condonation of delay. In High Court, you can fix up an date for final disposal of all the cases in family court. If you want any clarification, feel free to contact us. We can direct our chennai office to do the needful.

vivekananthan (Advocate)     13 June 2008

you can file a revision petition before high court challenging the IA filed by the husband for condonation of delay. Recent judgements are there for direction to family courts to dispose of the cases within one day or one hearing if the parties are not willing to live together. By quoting the judgement you can easily get order in you favour. Thanks for SROTAS - Global Legal Services to provide good decision.


 


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