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ANSHU (ASSISTANT )     21 July 2012

Review of ex parte divorce and maintainance

Dear Expert Sirs,

Hello to everybody experts sirs, I am Anshu, a  Govt Servant,  From Bhopal. My queries are as under:-

1.  I filed the petition for  Divorce U/s 13 on the basis of cruelty against my wife on 24/07/2010. who lives approx 450 km away  from my place. She appeared at Bhopal Family Court on 20/10/2010. After this date she never attended the court. she was  given 9 dates to her but she never filed reply and  I got Ex parte Divorce Decree on the basis of Cruelty on 18/07/2011 from Hon'ble Family Court, Bhopal. 

2. She filed a case U/s 125 for maintainance at his area family court In  October/2010. and i recevied the notice for this case on 10/06/2012 and i have appeared at that family court on 21/06/2012 while she is continuously appearing for 7 dates  in her family  court for case U/s 125. i have certified copies of her attandance in that case.

3. Surprisingly, i  received a notice from my family court at my office Bhopal  and  I got that she filed an application on 10/03/2012 to Set Aside  or cancell or re-open my case for which i got yDecree on 18/07/2011.

4 she mentioned in his application that she was sick after 20/10/2010  by ARTHRITIES. and get well in 02/2012. she stated that due to doctor advice she could not walk or move from bed. so she could not filed reply. now she want to file and reopen my case. 

I WANT TO KNOW THAT

- * After a period of 8 months of issuance of decree can SHE  file that application for reopen the case in my court. as  she has done it and i got notice to appear in my court . 

* How can i request to the court to reject  her application. i wll get re marriage in November/2012.

* She stated in her application that she was badlly sick. but she is appearing in her case for maintainance at her place familly court. its contradictory and diffrent statments in two diffrent cases. 

What should do to cancell her applcation.

Can i file any case against her

How can i reply in her case for maintaince. 

can i co relate both case in both sides.

HELP ME SIRS

ANSHU.

 

 



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 1 Replies

dhirendra pateria (law officer)     21 July 2012

She filed a case U/s 125 for maintainance at his area family court In  October/2010. and i recevied the notice for this case on 10/06/2012 and i have appeared at that family court on 21/06/2012 while she is continuously appearing for 7 dates  in her family  court for case U/s 125. i have certified copies of her attandance in that case.

the above is quiet sufficent to oppose he case


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