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Ram   14 December 2019

Exparte divorce granted

My brother received an exparte divorce granted last month. His ex wife keeps calling him still and threatens him of consequences. Is there a possibility for her to reappeal?


Learning

 9 Replies

Shashi Dhara   14 December 2019

Yes it is possible be careful

TGK REDDI   15 December 2019

Reappeal?     Appeal at this stage is possible.

There's another option.    She can file a Petiton for, on convincing grounds, setting the Decision aside.

Ram   16 December 2019

Thank you for your valuable inputs. So, what is the way out in such cases? He's unemployed currently and would be moving out of the country for employment. As I gather from here that his ex wife can appeal against the order, how does he deal with it? Plus, do share your views on remarriage. A girl's family has expressed to get her married to him. She lost her husband 2 years back. Is it legally right to remarry now at this stage??

TGK REDDI   16 December 2019

It's illegal to marry again now.

Ram   17 December 2019

Thanks much. I've been telling this and the family doesn't seem to understand.

Ram   25 December 2019

Need guidance from all learned counsels on how long this will go and what should be the next step in this case from his side?

Dr J C Vashista (Advocate)     28 December 2019

@ Ram,

I disagree with Mr. TGK Reddy, your brother has already been awarded a decree of divorce by a competent Court of Law and his "remarriage" is legally valid.

However, his "ex-wife" may move appropriate Court for setting aside the decree, that is purely her own decision / concern. 

Why are you worried about the matrimonial / divorced life of your "brother" if your statement is taken to be gosepel truth ? Let him seek opinion / advise from his counsel who is well aware about facts and cirucumstances of the case and an able, competent and intelligent enough to guide. 

Do not adventure to disturb "him" and seek obligation of experts (although available FREE OF COST) on this platform.

If your "brother" is keen to seek second opinion it is advisable for "him" to consult another local prudent lawyer for better appreciation of facts, guidance and proceeding. 

Ram   28 December 2019

Thanks Dr. Vashista. The reason am seeking opinion here is coz my brother has been taking advantage of my senior citizen parents and been dwindling money in the name of legal advice. They as such do not have any income but have been living with their savings. He has been unemployed for sometime now. My only ask here is how long is the exparte thing valid. Can he move out of country for job?

TGK REDDI   28 December 2019

Who's right?    Shri JC Vashista?      Or TGK Reddi?

Experts?    Discuss.


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