LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

skumar.indian (skgupta_vns@rediffmail.com)     16 November 2011

Value of ex-party divorce

Dear Sir,
namaste to all,

Is this possible to get a ex-party divorce from the court..and if a person get this, what will be value of that..

actually story is : 

i filled the case of Section 9 in 2007 and withdraw it in Dec. 2010 and filled a new case of Divorce in 2011 on the ground of cruelty and on the ground of seperation for long period.. 

Whall will be ahead.
please suggest me.

thanks



Learning

 14 Replies

skumar.indian (skgupta_vns@rediffmail.com)     16 November 2011

I also would like to know what will be procedure for that.. If my wife does not appear to the court after issue of notice/ summons. what court will do.

kranthi kiran (Works In Judicial Department)     16 November 2011

If the Court satisify that, inspite sufficient service of notice, your wife failed to attend the Court, then it can grant exparte divorce decree. On later date she can file a petition to set aside the said exparte divorce decree,  but she has to satisify the court explaining the reasonable causes for not attending the court.

skumar.indian (skgupta_vns@rediffmail.com)     16 November 2011

thanx kiran ji, v.v thanx.,,

is this is sufficient service of notice :  

!) she will not attend the court after notice

or  

2) she will reject the notice or do not accept the notice

Rohit Shukla (Engineer)     16 November 2011

You can change your name and address after getting ex-parte divorce and thereafter immediately can disappear for at-least an year. Let her file xyz after that .... you can give a taste to her of her own medicine Regards, Rohit

Arvind Sehdev (Advocate)     16 November 2011

first of all I would suggest you to read Order 9 of CPC.....

Now as for her action after the ex-parte decree, within 3 months she can file for an appeal... and you will have to be there... So wait for 3 months dont run away......

after these 3 months do whatever you wish to..... She will have no alternative......

 

If you run away or change the address... she can always hunt you down when she gets it.... The appeal case shall be adjourned 'sine dine' and will be resumed when you are back in action.....


My suggestion to you is "MARRY AFTER YOUR DIVORCE DECREE IS PASSED"
It'll be very hard for her to get the divorce order set-aside....

1 Like

Rajeev Kumar (Lawyer/Advocate)     16 November 2011

I do agree with Mr. Sehdev

(Guest)

No, this is not sufficient. At least three substituted services are also required.

Arvind Sehdev (Advocate)     16 November 2011

not when your limitation is over....


If the guy marries after the divorce.... Noone can stop him from marrying again.... And if he marries someone else, it makes harder for the court to do injustice to the girl who married that guy..... So normally the ex-parte divorces in these situations go the same in appeals......

Arvind Sehdev (Advocate)     16 November 2011

Plus i did ask him to read Order 9 of CPC which explain everything about services...... It is too long for me to explain it here... he can find it in online bareacts....

skumar.indian (skgupta_vns@rediffmail.com)     17 November 2011

Thanx Sahdev Sir,

u provided me good information, but

1) i can't understand about Order 9 of CPC..

2) I have not to run away any where

3) I will marriage only after successfull divorce or when my lawyer suggest the appropriate time to do this.

4) what does it mean of following.. is this true

"""" The supreme court in such a case where the guy had already remarried and the divorce was 4 years old, still the SC accepted such a case and gave 10 lacs as settlement to the girl.. 

 

Arvind Sehdev (Advocate)     17 November 2011

it means for the maintainence part court can always decide..... You cannot escape that... whether you are married to someone else or not....


(Guest)

When a woman gets married she can't get alimony. But when gets married and his first doesn't  get married, then she gets alimony. If both get married then chapter is closed. So try getting her married through backdoor.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

1. You can not file ex-parte divorce. YOu file for divorce and if she doesnot appear despite notice, it can proceed ex-parte.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

deb (others)     22 November 2011

if most of the expert degree in divorce be set-aside then what is the necessary and significance of ex-perte degree?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query