Decree
ragini batra
(Querist) 23 October 2012
This query is : Resolved
Hi everyone m ragini seeking help regarding my query :::::::::::::::::::my boyfriend got married in dec 2007 and his wife didn’t like him but want assets which is on the name of his father and after a lot of consultation he filed a divorce case but he has got X-party divorce decree from delhi court in March 2011 as his past wife didn’t appear in frnt of court.now we are planning for us my queries aree::::::::
• is this a valid divorce.
• Can v marry now.
• She and her family is now blackmailing for 498a.and usually call him and finish with hated arguments and abuses.and they want to do appeal against Xparty divorce decree in delhi high court what should be done to save his family.
• We both are depressed by his wife and his past wife’s family they r ready to give her maintainence and already paid a lot lumsum amount to save them from 498a and other allegations.
• Her father is senior teacher in delhi govt school.can they take advantage of that.
• can she file 498a against him and his family.
• V r in kanpur now and she and her family is in delhi(noida).
• If v marry silently can she have right to disturb us legally.
• Please reply as soon as possible.plzzzzzz reply all answer vill b so much thankful to all experts.
Thank you
Devajyoti Barman
(Expert) 23 October 2012
1.s
2.Yes
3. Since she is no more his wife, no 498A case would lie.
4. He made a mistake.
5.No
6.No
Go ahead with your marraige
MohammedRaffiq Bijapur
(Expert) 23 October 2012
Hello Ragini
Debojit Barman sir has rightly answere ur queries.
Do not wait still.
Go ahead get married and dont be afraid of ur fiance's first wife.
The decree is valid in eyes of law unless it is setaside.
Adv.R.P.Chugh
(Expert) 23 October 2012
If an ex parte divorce has been granted and there is no appeal for 90 days - you are free to marry your boyfriend - infact it is advisable since it would drastically reduce the chances of ex parte being set aside easily.
As regards 498a - I beg to differ with Ld.Devajyoti - 498a can be and is filed in such cases, for the simple reasons that allegations pertain to period when she was still the wife.
