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sandeep (pvt service)     12 January 2017

My divorce done, now wife files for divorce

wife filed RCR in the beginning, i later filed for divorce

she then filed 125 and then she filed DV

her RCR then dismissed, i won my divorce case exparte after that, as she stopped coming to court.

my 125 case scheduled to to be heard exparte final hearing as i could not attend court dates

DV case running as she is not putting with evidence. case still lingering without order.

I won my divorce EXparte

now, after my exparte divorce, she has filed for another Divorce case in her hometown.

my question is:

will she be given alimony by the court as she has filed for divorce, and also, 125 order will be given now. so will separate alimony be also ordered

do i let the case go exparte or do i contest it?

please advise best course of action. thanks



Learning

 15 Replies

Harsha   12 January 2017

Hello

My husband has filled for devorce in family court.

He is willing to give me divorce.

Our first councelling is done where he clearly stated he dont want me but I want him .

I dont wanna divorce him, please suggest.

 

 

Sachin (N.A)     12 January 2017

Originally posted by : sandeep
wife filed RCR in the beginning, i later filed for divorce

she then filed 125 and then she filed DV

her RCR then dismissed, i won my divorce case exparte after that, as she stopped coming to court.

my 125 case scheduled to to be heard exparte final hearing as i could not attend court dates

DV case running as she is not putting with evidence. case still lingering without order.

I won my divorce EXparte

now, after my exparte divorce, she has filed for another Divorce case in her hometown.

my question is:

will she be given alimony by the court as she has filed for divorce, and also, 125 order will be given now. so will separate alimony be also ordered

do i let the case go exparte or do i contest it?

please advise best course of action. thanks

Better to give all case details in one thread rather than in installments and in diffrent posts.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     12 January 2017

@ Sandeep,

So long your ex-parte divorce petition decree is there, her divorce petition becomes infructuous.  Once you file divorce decree in her case, she has the option to file application in the court where you obtained divorce petition to get it aside by filing appropriate application.  Otherwise, her divorce petition being become infructuous, she would not get alimony.  But, she can file permanent alimony application in the court where you obtained divorce decree and she would get it.  Otherwise also once after filing this application u/s. 25 she can move transfer application to get permanent alimony application to be transferred to her place.  S. 125 as you are not appearing, she has got chances to get exparte order. 

1 Like

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     12 January 2017

Harsha, 

If you want to save your marriage, then engage an advocate and file the reply to his divorce petition.

sandeep (pvt service)     12 January 2017

thanks sir, but after appeal period is over in my divorce case, will she have to appeal in high court to set aside the exparte order or will she have to appeal in the same court to set aside exparte divorce decree.? my divorce has happened 3 months ago and she is living in a different state so will she have to approach the supreme court to transfer case to her state? also, if 125 order is given, then also permanent alimony will be granted separately?


(Guest)
Originally posted by : sandeep

wife filed RCR in the beginning, i later filed for divorce

she then filed 125 and then she filed DV

her RCR then dismissed, i won my divorce case exparte after that, as she stopped coming to court.

my 125 case scheduled to to be heard exparte final hearing as i could not attend court dates

DV case running as she is not putting with evidence. case still lingering without order.

I won my divorce EXparte

now, after my exparte divorce, she has filed for another Divorce case in her hometown.

She is not sastisfied with your divorce, she wants her own divorce.  What a lady!
my question is:

will she be given alimony by the court as she has filed for divorce, and also, 125 order will be given now. so will separate alimony be also ordered

In case you dont attend that court date and be in your own merry land, the new court where your dear exwife has filed divorce petition may order IA if she has given such application.


do i let the case go exparte or do i contest it?
If you let it go exparte, you will be accepting what all allegations she has made in her petition.  You simply take your exparte orders of divorce certified copy and give it to new court where wife has filed divorce petition once again.  Court will dismiss her petition.


please advise best course of action. thanks

Do as I told above, dont let case go exparte.  Or else some more problems for you.

2 Like

sandeep (pvt service)     12 January 2017

thanks dude helping hand.......what about the alimony part, do i have to pay both permanent alimony along with 125 payments?

Harsha   01 March 2017

Hello,

I have filed DV against my husband.

My husband has filled for divorce  in family court. And he is kneen to have divorce but I am nt ready.

My question is that can i go back to my husband (matimonial) house, if yes than what is the procedure.

I dont want to get seprated.

 

Thanks.

 

Sachin (N.A)     01 March 2017

Originally posted by : Harsha
Hello,

I have filed DV against my husband.

My husband has filled for divorce  in family court. And he is kneen to have divorce but I am nt ready.

My question is that can i go back to my husband (matimonial) house, if yes than what is the procedure.

I dont want to get seprated.

 

Thanks.

 

 

It is story of every lady who first file false case on husband and inlaws in ego and for money and when she realised she will not get anything she wants to go back to husband.

If your brothers' wife file case on you and your parents will you accept her back?

Harsha   01 March 2017

I have filled DV case for the justice.

They are ready for the settlement ans ready to give me what ever I want ...Let it be money or property.

But I want none of these.

They had forced me by filling DV case against them.

They threw me out of my house and not taking me back.

Ganesh Nair (Employed)     01 March 2017

You have filed a DV case on them. You say , they are willing to give you anything. So in that case you should have filed 498a on them ,for justice instead of DV. Why DV when they were willing to give you anything. Looks like they don't want you at any cost. What did you do to them?

Sachin (N.A)     01 March 2017

Originally posted by : Harsha
I have filled DV case for the justice.

They are ready for the settlement ans ready to give me what ever I want ...Let it be money or property.

But I want none of these.

They had forced me by filling DV case against them.

They threw me out of my house and not taking me back.

Look What Chief Justice of India said on this:

 CJI said, "There is an increasing hardening of stand among husbands, whose parents had been arrested in false 498A cases, not to take back the wife. They say they are willing to give her all the property, they will take care of the children's education and marriage but will not take her back."

The CJI added, "They take a plea before the court that they may have committed a mistake but for that punishing their old parents on a false complaint was not condonable. The false complaints under Section 498A are ruining marriages."

Harsha   01 March 2017

They always treated me like servant but to the worlds they showed they are the best.

 

Me and my husband had a good tuning but he was totally influenced by his parents specially my mother in law.

 

On a Small argument between me and my mother in law they all planned to take me my home and I tried going home they did nt allow me.

 

I did not file any case but they all started threatening my parents that I should sign on divorce.

 So this forced me to fight and get justice for myself.

 

But I don’t know why I still want my husband.

 

So Can I go back yo my matrimonial House even though he has filed divorce in family court ??

Harsha   13 June 2017

Hello,

I haved filled 498, 406 etc in police station and DV case in court.

My inlaws gave my belonging in Police station where I was not the witness but the inspector incharge told me but when I told him to give my belonging he said me to produce a order from court.

We had made an written apllication in court for return of my articles but my inlaws lawyer raised and argument stating let both the cases be different.

Why I cant get my articles in DV case ??

In DV I had already made an application for my articles.

PLease suggest 


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