EX PARTEE DIVORCE
radha
(Querist) 21 June 2018
This query is : Open
When i came to know that my wife had relationship with somebody, quarrel started. She asked me to vacate the house. i asked for divorce. She filed a a case against me (498,506). She gave money to police to arrest me. My name and address everything they mentioned wrongly in the FIR. I got i bail. I vacated the house and city 8 years ago. she lied to my relatives that She withdrew the case. After some years we had discussion and she visited me few times. I also came to know that she didn’t withdrew the case. I asked to live with me But she refused. She is ready to visit me occasionally but not ready to live together. We had quarrel. So i decided to file a divorce case. I visited her address where she was staying but i came to know that she vacated the house. I phoned her she was not ready to tell her address then stopped picking up call Meanwhile court has ordered to place the divorce notice advertisement in the paper. I dont know where she has been living for the last 8 years. Now lawyer say i will get ex-Partee divorce. My questions are: After getting divorce, i am planning to marry. Will i face any issue in the future because of ex-Partee divorce? if yes, please let me know what i need to do now? Once i get divorce, how and who will notify my wife. Note: we have a son living with her.
radha
(Querist) 21 June 2018
Pl Answer to my doubt
Ms.Usha Kapoor
(Expert) 22 June 2018
Your wife having an affair is your assumption.?Is it real?> She asked you to vacate the house. Is it your house 0r her house? Is she is working lady?If her having an affair is true gather evidence/proof to show to the court that she is not a chaste women.Try to solve your differences amicably and patch up.Involve elders(neutral) of both sides and settle the matterr amicably.If it doesn't work out file for divorce.See that she consents for Mutual consent divorce. If it doesn't work out file for for contested divorcée on the ground of adultery(If you have ample proof),desertion and cruelty) with proof.MCD ids the fastest mode of divorce. which you can get within 6 months or even earlier.\
Ms.Usha Kapoor
(Expert) 22 June 2018
If your wife doesn't attend to court in response to court summons and choose exparte throughout the case you will get exparte divorce.After divorce decree is granted by family court wait for full 3 months and remarry. We dont know she may file appeal. If appeal time lapses after 3 months you can remarry.
santhosh.g.
(Expert) 22 June 2018
If her new address is not known, send notice through court. If it is not served next process is paper publication of notice in a daily circulating in her residence area. After publication, if she is not appearing before court and contesting case case will decide expartee and after recording your evidence court will pass decree. If court granted expartee divorce decree, she can set aside expartee decree or prefer an appeal within a period of 90 days. After 90 days your divorce decree will absolute and you can marry again. Follow the advice giving by your lawyer
radha
(Querist) 22 June 2018
hank you Sir.
I explained my whole story to lawyer. He promised that he would do the needful to get it done. The status of my case is the court has ordered for paper publication.
I heard from some people that she may file a criminal case at any time if i get ex-parted divorce. So I am worried whether to continue the case or not.
The court will not send the divorce decree to her as her address is not known. So she will not come to know about the divorce.
I applied for divorce for the second time. First time she told me that she would want to live together i believed her words. She visited me few times when i started asking about staying together, she started talking differently and then quarreled. she stopped.
In the past 8 years she never invited me to her house. so i am not aware of her residence. Only i know her phone number and mail id. i used to discuss with her thru phone and mail. Once i went to her address to see my son. I was told that she vacated the house. I phoned her to know the address. she shouted me why you went there searching for me. also, she refused to tell her address. i stayed at hotel and returned next day.
She is working, very cunning and adamant. i was unable to handle her. i had asked/begged her many times for mutual divorce. she is not ready. Her intention is not to live together. Also, not ready for divorce.
She wanted to continue like this. i am very much struggling. Loneliness. Thats why i applied for 2nd time.
After applying also i tried to talk thru friends. I also tried several times to save the marriage if possible, otherwise go for mutual divorce. She is least bothered. I didn’t tell her that i have applied for divorce. I told her that I am going to apply.
Now my divorce case reached next stage. so i wanted to get clarified if ex-partee divorce will give any issue.
thank you sir.
radha
(Querist) 22 June 2018
Respected sir,please answer and correct me if i am wrong
Adv. Yogen Kakade
(Expert) 22 June 2018
Do not confuse yourself for no reason. You have been rightly guided by the expert Mr. Santosh
Guest
(Expert) 22 June 2018
Ms. Radha,
At first you need to do is to clarify, whether as a lady (RADHA), did you marry some other girl, whom you declare as your wife?
Guest
(Expert) 23 June 2018
Agree with advocate Kamakshi garu.
