Divorce granted exparte for me in 2013.
Querist :
Anonymous
(Querist) 28 January 2024
This query is : Resolved
Sir,
I have a small doubt. Kindly clear my doubt.
1. I have applied for Divorce in 2011.
2. The lady did not appear for more than 10 hearings.
3. I have been granted Divorce exparte in 2013.
4. Again she has filed a case in family court after a lapsation period of 4 Yrs I.e in 2017.
5. Now I have been asked to appear in the family court in February 2nd 2024.
6. Does she have a chance to file a case to get Jeevanamsam.
7. Somebody has misguided that remarriage should not be done now.
8. She works in a private school gets Rs.20,000/-.
9. If she tries to get jeevanamsam, what will be remedy for me.
10. She left me in 2009 which has been clearly mentioned in my divorce affidavit.
11. She disturbs me often by filing petitions in the court by compelling me to join with me. I am not interested to join with her.
Querist :
Anonymous
(Querist) 28 January 2024
I was very much disturbed about her frequent filing of Petitions in the court
Querist :
Anonymous
(Querist) 28 January 2024
I need good legal advice from the advocates
P. Venu
(Expert) 28 January 2024
What is the relief that she has sought in the current proceedings? What are the petitions that she has has filed? What are the reliefs she has sought? What is the present status of those petitions?
As to maintenance, there cannot be a definite suggestion esp. since you have not posted all the material facts. However, the general principle is that the divorced wife is entitled until she is remarried. Children are entitled till they attain majority.
T. Kalaiselvan, Advocate
(Expert) 28 January 2024
if she has filed the petition to set aside the exparte divorce after a gap of four years, then she should have filed a petition to condone the delay in approaching the court with the set aside petition.
First you will receive that notice, in that case it becomes your duty to strongly object to that and file a counter objection and get it dismissed, if not done then the court may allow her condone delay petition.
After that the set aside petition will be discussed, in that also you can object strongly.
If all the petitions have been allowed then you may have to proceed with the trial proceedings as per procedures of law.
If she has filed maintenance petition then you can challenge that also on the basis of her employment and the salary income.
You better discuss with your advocate and proceed as suggested
