Reg threatening to life case
vempuli
(Querist) 15 January 2019
This query is : Resolved
HI sir,
My wife asked me to leave the house but i refused and i asked for divorce as she was not ready to live with me.so she a filed a case against me under the section of Threatening to life .
i got bail and left the house and the city and joined another job in another city. this happened 8 years ago. After few years she changed her mind and we were talking. once she came to me my place and stayed for few days. she is working. She wants to visit me but not ready to stay together. When i asked about living together , she started saying all the reasons in the world. so i applied for a divorce. meanwhile i got a chance to get transferred to the city where she is living. I never visited her or stayed at her house for the last 8+ years. I thought of trying one more time. i phoned her and she attended and told me that she was not ready and asked me to stay alone.
i know her old address and when i went there to check , i was told that she vacated the house. i dont know where she was living . so we went for ex-party .
My question are:
1) I heard from somebody that she didn't withdrew the case which she filed 8 years ago.
Since i dint receive any notice reg this , i was not aware of this case. How to handle this case?
2) My lawyer told me that i would get ex-parte divorce. do you see any issue after getting exparte , if i marry some body?
She is kind of arrogant lady . Please give me your valid suggestions.
Isaac Gabriel
(Expert) 15 January 2019
Both of you have applied divorce.Club it together and get mutual divorce.
vempuli
(Querist) 15 January 2019
Sir ,she didnt apply for divorce.
I only applied.
Dr J C Vashista
(Expert) 16 January 2019
1. During pendency of divorce both of you stated to have been living together for some time, implies that previous period of staying away shall start afresh and can not be considered to live separate as mandated.
2. As you did not receive any notice / summon for the last 8 years for the case filed by your wife, means there is "no" case against you. Ignore it.
3. When service of notice to your wife in divorce case is not effected, your lawyer should move for substituted service as provided in Or. V Rule 20 CPC, request him/ her accordingly.
4. You have already engaged an able, competent and intelligent lawyer to proceed/ contest case(s) on your behalf, have faith in him, however, if you have lost faith change him/ her immediately.
Vijay Raj Mahajan
(Expert) 16 January 2019
You are free to remarry after getting decree of divorce, just wait for 90 days period for appeal against the divorce order.
Even if it's ex-parte divorce you are free to remarry no issue regarding this.
Even if your wife later challenge the decree of divorce and try to get it set aside it won't be so easy to get the order.
Now for the complaint filled by your wife against you, after 8 years even if that was not withdrawn by her, the court by this time must have dismissed that complaint case, check it with help of local advocate of the district about it's final out come.
vempuli
(Querist) 16 January 2019
Thanks a lot Vijay ,sir.
I got the required information about my divorce case form you. I checked my lawyer. The next hearing is scheduled for "Ex-Parte Evidence". He said in the next hearing, we will ex party divorce. Is it true?
Reg the case she filed against me: I did some homework and found some details.
I know She filed the case using her influence by giving wrong information even i remember they mentioned some junk address in the FIR. Even though they had collected my permanent address proof, I didt receive any notice at my permanent address. So i didnt worry much about it.
but recently i came to know that she didn't withdraw the case. That's why i posted my queries.
i got the information that we can check using ecourt website. We tried to get the information using my name in the e-court website where she filed a case.No case against me.
but when we searched using her name and the year she filed , we got information. but my name is wrongly mentioned. the case is still pending as NBW
I am in different city. Please suggest me how to proceed further?
SHIRISH PAWAR, 7738990900
(Expert) 16 January 2019
In divorce case get the divorce as early as possible. Further you have to appear in court in another case filed by your wife and fight out the case.
vempuli
(Querist) 17 January 2019
if you provide additional details , it would help me
