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Rina Singh   25 April 2016

Time required for exparte decree ?

Hi,

 

The varanasi family court has passed an exparty order for an annulment petition that I had filed against my husband who cheated me by giving me fake information about his age, education qualification and work etc. He is presently in jail becaouse some other financial fraud that he had committed. Even after reapeated notices to him in jail, he has not come for the annulment hearing and hence the learned judge has passed an exparte order.

I have two questions:

1. How long (months/hearings) will it take for me to get an exparte decree after the exparte order?

2. What kind of proof will the court ask from me to prove my charges? or will only my statement be considered?

please help me with the above information.

thank you



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     25 April 2016

Exparte order must be for proceedings against the respondent husband on the ground of non appearance, now the statement of the petitioner wife will be recorded and order for annulment of marriage made followed with decree of nullity.

prabhakar advocate (advocate)     25 April 2016

You have to file an affidavit in evidence saying the same things what you said in your petition and all the documents, if any, available with you.  the court will take your statement on oath and if court satisfies with your statements, then pass exparte annulment decree.  As he was in jail during the proceedings, whether the court issued production warrants to the jail superintendent is important question to justify ex-parte order. 

Rina Singh   25 April 2016

thank you for your reply mr Vijay and mr prabhakar.

Also I wanted to ask is providing false DOB, or education qualifications is a reason sufficiant for annulment of marriage as it was a fraud committed on me. and i have proof that at arya samaj wedding he had told that his date of birth was 1991 and in and at the court registration of the wedding he told that his DOB was 1987.

as soon as i got to know about this fraud information, i left his home

Vijay Raj Mahajan (Advocate)     25 April 2016

As far the age difference in the one mentioned for marriage registration and what was actual age at the time of marriage is concerned for taking consent for marriage is concerned that has to be very big in nature, but 4 years difference may not be considered as fraud played on you, for taking your consent but giving false information to authorities about his actual age or providing forged document to show wrong age, may be considered as offence by the authority.

 

As far the educational qualifications and the nature of job and salary etc. is concerned that can be taken as case of fraud if misrepresentation about these made you to give consent to marry him although if had correct information about these would definitely made you to refuse for the marriage proposal and giving consent for it.

These facts about the status of a person that directly affect the future of other partner both from economical as well financial point of view will be taken seriously by the court. No woman can survive comfortably with an uneducated or semi-educated man with insufficient source of income that she would have expected from a suitable match equallant to her educational as well economical status.


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