Conceal of information & false affidavit by wife
Gagan Souri
(Querist) 12 March 2012
This query is : Resolved
Dear Ld Members,
I am party to the case herein (Husband) and attending party-in-person.
I filed RCR in first week of Oct’ 2010 in actual place of jurisdiction (where everything took place).
Consequently wife got ex parte divorce on her favour in 2nd week of Oct’ 2010 @ her jurisdiction after filing of RCR.
RCR date given for first hearing (First Week of Nov ‘ 2011). Summons reached to wife after first hearing of my RCR petition.
Wife was not present and did not contest for next two hearings of my RCR. The matter was posted for fourth hearing (Second week of December ‘ 2010) and was set for ex parte as respondent called absent.
The matter posted for petitioner’s evidence on the fifth hearing (third week of Dec ‘ 2010)
But, I(petitioner) failed to attend the court on the fifth hearing in Dec’ 2010 and my RCR petition was dismissed.
The RCR was re-opened with in I.A. No. 19/2011 on fourth week of Jan ‘ 2011 and summons were sent to wife. The court posted the matter to 07-03-2011. This time also she received summons late (24-03-2011) and could not attend the court. The matter was posted to 19-04-2011.
Further, Wife filed counter in the third week of April that she got divorced (ex parte in Oct ‘ 2010) in the lower court with a pray to set aside the ex parte in RCR.
Consequently a function hall was booked for her marriage on 27-03-2011 and she got married on 28-05-2011
But till date her lawyer till date did not submit any documents/information that she got married and not attending the court regularly and concealing the information about her marriage. Now the RCR case was posted to April ‘ 2012
I collected the proof of marriage, booking of functional hall and related documents through RTI form the Registrar Office, in the month of March ‘ 2012 in this regard.
1) Can if file contempt of court against my wife for…
a) A simple statement that “It appears that I Was set ex parte due to oversight” submitted by wife in her affidavit with condoned by delay of 9 days by simply neglecting the family court summons in the first notice in Dist Family Courts.
Is the condone delay maintainable in Dist Family Courts. As such, she knowingly did not attend the court and further her counter was filed after booking of function hall for her marriage (as mentioned above)
b) For concealing the information about her marriage and not informing the Court till date and wasting the time of Court knowingly
2) Now how should I got about and What petition/memo should I file.
3) Will i get order on my favour (ex parte order or any other order) .
4) How to pray for the costs, any petition to be filed.
Please enlighten me in this regard
Deepak Nair
(Expert) 12 March 2012
It is evident that she has a decree of divorce in her hand on the basis of which she has remaried. She is legally divorced and she has every right to remarry.
Now what is the use of going behid her as your chances of getting RCR is zero out of hundred.
Our life is very short. Find another girl and lead a happy life instead of going after your past.
Shonee Kapoor
(Expert) 16 March 2012
I agree, you have not taken steps to set-aside the ex-parte divorce. Hence you stand to loose RCR even, which has become infructuous now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
