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BJM_BJM_BJM (Service )     11 December 2010

Residence

Learned Forum Members ,

I need advice:

My husband took ex-partie divorce from Vishakapatnam by fraud means in Feb 2009.He is an army officer.He tried geting married but could not as I got the injunction restraining him from marrige from the court at Dehradun.Now in Oct 2010 the ex-partie judgement was set aside by the intervention of High court Andrapradesh although he tried a lot of delay tactics.

After this order I have got the status of wife again .Now can I go and reside in the premises (Family accomdation ) of my husband ?

Now the second thing is that my husband is caught red handed in Vishakapatnam court and therefore has presented the petition to withdraw with the permission to file it afresh at some other place.The petition of withdrawl also allegates me to the extent of calling me Schnecrophanic---some mental disease I suppose. It is highly defamtary.I request you to guide me in this reference:

a)Can such allegations like calling someboby mad etc be stopped.I happen to be a reputed lady who was awarded by the governor and currently a planning deptt officer .

b)My husband used fraud decree to obtain all sort of legal remedy to harass me specially in front of army authorities and I suffered huge monetary loss in restoring my self as his wife .Vishakapatnam is 2500kms away from my place . Can he be fined with exemplary damages ?

c)Can he be stopped from filing such malicios petitions of divorce?

d)Will his conduct be seen by the next court where he files the case of divorce again ?

(Also to the notice : My husband is now separated from the lady officer he was about to marry .She left him .But now it is his big ego that is stooping him to come back to me .And honestly I dont want to hurt him more .I tried level best to get in touch with him again but all in vain ...I have forgiven him and want him to return back to life but HIS EGO and his parents attitude is stoping him .Can some councelling be done to him )

Pls guide me .

Bharti



Learning

 3 Replies

BJM_BJM_BJM (Service )     11 December 2010

By hurt him : I mean i dont want to hurt his ego .

Saurabh..V (Law Consultant)     11 December 2010

@Bharti

 

Your case shows that your husband showed no mercy towards the sacrament of marriage. Still its upto you what you want.

 

If you want him back then one remedy that is available is "Restitution of Conjugal Rights" under Hindu Marriage Act (HMA), in which you can file a petition after which court will order you husband you to join you. But court cannot enforce its order. However, if your husband do not join you then it becomes a ground for divorce.

 

If you want to end this relation and teach him a lesson then second is that you file for "Cruelity" under 498A IPC and simultaneously for "Desertion" under HMA.

 

 

//peace

/Saurabh.V

BJM_BJM_BJM (Service )     12 December 2010

Learned Forum Members ,

I need advice:

My husband took ex-partie divorce from Vishakapatnam by fraud means in Feb 2009.He is an army officer.He tried geting married but could not as I got the injunction restraining him from marrige from the court at Dehradun.Now in Oct 2010 the ex-partie judgement was set aside by the intervention of High court Andrapradesh although he tried a lot of delay tactics.

After this order I have got the status of wife again .Now can I go and reside in the premises (Family accomdation ) of my husband ?

Now the second thing is that my husband is caught red handed in Vishakapatnam court and therefore has presented the petition to withdraw with the permission to file it afresh at some other place.The petition of withdrawl also allegates me to the extent of calling me Schnecrophanic---some mental disease I suppose. It is highly defamtary.I request you to guide me in this reference:

a)Can such allegations like calling someboby mad etc be stopped.I happen to be a reputed lady who was awarded by the governor and currently a planning deptt officer .

b)My husband used fraud decree to obtain all sort of legal remedy to harass me specially in front of army authorities and I suffered huge monetary loss in restoring my self as his wife .Vishakapatnam is 2500kms away from my place . Can he be fined with exemplary damages ?

c)Can he be stopped from filing such malicios petitions of divorce?

d)Will his conduct be seen by the next court where he files the case of divorce again ?

(Also to the notice : My husband is now separated from the lady officer he was about to marry .She left him .But now it is his big ego that is stooping him to come back to me .And honestly I dont want to hurt his ego more .I tried level best to get in touch with him again but all in vain ...I have forgiven him and want him to return back to life but HIS EGO and his parents attitude is stoping him .Can some councelling be done to him )

Pls guide me .

Bharti


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