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sukhvinder (marketing)     02 June 2010

which address should use for Divorce.

 

Hello to all

I am living separate   from my wife from last 8 months because my In- Laws tried to kill me  but god saved me .  she don't know about my current address.  she demand huge settlement amount which is out of my range. i am living very hard life without own house and income sources.  i want divorce but i can't go face to face battle because i have not enough money to fight cases and they will take my son from me (5 Yr Old). and they will not give divorce so easily.  until unless i have not divorce decree i could not remarry.  please guide me if i apply for divorce which address i should use to get Ex-party divorce decree and is it valid???  if they get know about this divorce  can they do appeal after 90 Days( Appeal Time) in HC.  I think they have given some reports in local police Station about i have left the home. women cell persons also called my parents but they could not prove any allegation   against my parents. i also do not go to my parents for their safety.  I am in big trouble.  please tell me the solution.    Should I wait that she will file divorce ?????? and let her take Ex-party divorce. ?   Or Should I file case from some where else..   What HoW>>>??? what is the way for me .......  ?????????????????????



 1 Replies

Guest (Guest)     02 June 2010

If you file a divorce petition, you have to mention her correct address in the petition.  If intentionally you mention the wrong address pertaining to her and get ex-parte decree of divorce, she can approach the court of law to set aside ex-parte decree.  (In that case, 90 days period from the date of decree is not applicable.  The limitation of 90 days starts once after she comes to know about exparte divorce decree).  That means, even after 5 years of your obtaining divorce decree she can move the court saying that she came to know about the exparte divorce only 50 days earlier to the filing of the application  and can say that you intentionally mentioned her wrong address to obtain exparte decree.  Then your ex-parte decree goes into ashes and if you remarry, that you will be punishable under bigamy and if you will have any children from that marriage, they become illegitimate.

Hence, file the divorce petition in proper way without playing games.


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