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The slow learner (Manager)     22 December 2009

Need urgent assistance..ex-parte or mutual?

Hello, 

I work with an MNC in Gurgaon. I got married in Bangalore at a Arya Samaj Mandir in 2002 after a few years of courtship. Both of us are Hindu's and the marriage was not registered to any specific marriage registrar. We just had the marriage certificate issued by the Arya Samaj Mandir.

Things turned sour in 2004, she had an affair with someone else (i dont have any proof but had her verbal consent) and we decided to give it some time to save the marriage.  

She wanted to stay with her parents and wanted to take her stuff with her...alongwith her clothes etc she took away my files and folders too...which had the photo albums, marriage certificate, educational certificate and the bank documents. Later she wanted to proceed with the mutual divorce..i agreed but i asked her to return my documents..which she didnt. 

We have had umpteen discussions but nothing turned fruitful...in 2006 I relocated to Delhi..there was absolutely no touch with her till early 2008. When i again tried contacting her, she refused to talk. However she did speak to one of our mutual friends....this is what she said :-

"He is free, the marriage is not valid anymore, i had to do all the run-around and have spent all the money to get rid of him...i have the papers from the court but" - when requested to give me a copy..she refused and said "let him go to the count and take out the papers himself..he didnt cooperate and i spent all the money..so i am not giving anything"...

I got to know from our common friends that her family is fixing up her marriage shortly...so there must be something concrete with her which has enabled her and her family to get her re-married. Is that possible? Does she have an ex-parte decree? 

I havent got any summons because i wasnt in Bangalore, she didnt know my address and i wasnt in touch with our common friends....i have also not signed on any affidavits nor have appeared in any court. I dont want her back..but i need to know if if this marriage is still valid? 

If no...how can i get a copy of the ex-partee decree (or whatever document she has) from the Bangalore court? If the marriage is still valid..what are my options to get a divorce.....

Note- She isnt co-operative and so is her family. I will be consulting a lawyer in Delhi shortly but i need an expert opinion. Thank you in advance!! 

 

 

 

 



Learning

 2 Replies

The slow learner (Manager)     23 December 2009

2 days and no reply to this threat? Is this a critical one or too easy...i am in a precarious situation and need some good advice! Please help......

Daksh (Student)     02 January 2010

Dear Mr.Slow Learner Manager,

What I could make out from your mail under reply your query pertains to know the ways and means as to how to get copy of the order/judgement for granting ex parte divorce.  As it is evident the dispute pertains to the Banglore so engage any competent Advocate who can scan the cause list of matrimonial court for the relevant period and can apply for the records/certified copies only after which the picture would be clear. 

Further as it is evident there is no possibility of mutual divorce in your case as for mutual divorce both the parties have to sign the pleadings and jointly apply before court for the same.  If you are not aware about the ex parte decree by the court then for you the marriage still subsists.

I hope this satisfies your query.

Best regards

Daksh

 


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