Regarding exparte divorce
Querist :
Anonymous
(Querist) 25 April 2018
This query is : Resolved
dear advocates, I am teaching professional. I married a girl in 2016. my marriage is an arranged marriage.she is an advocate.she lived with me only 2 days.on the wedding night, she told that she was not interested to marry me. she decided to marry due to her parent's compulsion.I said that"why you tell all these reasons in the first night. if you were not interested in marriage why don't tell earlier". she simply replied " very sorry to spoil your life".so I don't want to disturb her.I tried to convince her.she apologized to spoil my life.Her parents also convinced. But she not willing to live with me.
First, she promised to my advt.that she will give divorce without issues within a year.she (petitioner) filed a case and said that she will give a divorce with null and voidable. She also gave customary divorce. but she cheated, she did not present every hearing. after 5 hearings that case was disputed.My advt.enquired about the reason for not appear in court. she said that if you want a divorce, you may file a case. In meanwhile, she married another person and she has a child also.Now, we filed a case against HMA 13(1)(ia) section.I am petitioner and her respondent. I attended every hearing. after 5 hearings, we got the ex-parte judgment.
next month, I will appear ex-parte evidence before the judge.�
my question is :
1)what will happen on that day?
2) I am having a photo of that girl who currently marries and lives with him. may I submit photographic evidence against her?�
3) I want to teach lesson against her.. she spoiled my 2 years of life.�
4) Is Customary divorce is valid? some said that it is invalid, some said that it is valid. in my case, the girl is an advocate, we agreed customary divorce in front of my advocate.
5)May I Publish Judgement copy or order through PUBLIC NOTICE in Leading Newspaper?
Ms.Usha Kapoor
(Expert) 25 April 2018
Let bygones be bygones. You don't go for retaliation or teaching her a befitting lesson.You can marry another girl and be happy with her. don't be bitter.
Sudhir Kumar, Advocate
(Expert) 26 April 2018
need not teach a lesson but you have to increse your bargaining power.
she has married which is illegal and liable for criminal case.
the other many has no valid marriage and is liable to be prosecuted for adultery / bigamy.
with such situation she has no option but to join MCD proceedings.
If interested to file formal divorce case then she has given you ample ground and evidence.
Vijay Raj Mahajan
(Expert) 26 April 2018
Just record your ex-parte evidence in the form of sworn in affidavit, all documentary evidence, photographs etc. you can bring on the record of the court case file as part of your evidence. The court will allow your divorce petition and you are out of the troubled marriage for ever. Just start a new life with better life partner.
Forget taking any revenge from her as nothing will be achieved by you but more mental harassment and financial losses involved in litigation.
Dr J C Vashista
(Expert) 27 April 2018
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