Querist :
Anonymous
(Querist) 14 August 2018
This query is : Resolved
After 3 years of separation with my wife i had filed a divorce case against my wife. i got divorce decree after 1 year as she did not attend court and became a ex-parte . later she filed high court case to nullify divorce case she won that case ,verdict was given in just 2 months as my lawyer also joined with her after taking huge sum of money from me.
Now judgement is case is disposed in high court and given to family court for fresh hearing. here my time my money is all lost with no results . law always favours women . she dosent want to stay with me and wants me to suffer,but in court she said she does not want divorce
What can i do? i have hard time trusting lawyers .. all lawyers are not bad . but iam kind of stuck should i withdraw case or pursue case. i dont want to waste time and money again.
Isaac Gabriel
(Expert) 15 August 2018
Perhaps the case is remanded to the trial court.Dont't give up.continue the case.
Vijay Raj Mahajan
(Expert) 15 August 2018
It's not the fault of lawyer if the ex-parte decree of divorce is set aside by High Court. It would have happened even if the role were reversed, namely your wife got ex-parte decree of divorce and you applied for setting it aside. Now either you continue with contesting divorce petition in Family Court or withdraw it. In both cases you both are struck with this dead marriage, leading you both nowhere. Sensibility say, you both sit down and workout for divorce by mutual consent in agreed terms and conditions. If not continue like two strangers in marriage.
Dr J C Vashista
(Expert) 16 August 2018
There is a provision for setting aside ex-parte decree by the family (same) court, in that situation why did your wife (her counsel) preferred to get the decree set-aside by High Court. For the sake of academic debate, if it is taken to be correct, High Court shall proceed at their own after setting aside the ex-parte decree instead of remanding it back for adjudication. Unbelievable story of an anonymous author.
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