Exparte divorce
mouraly
(Querist) 10 November 2011
This query is : Resolved
My client had obtained an exparte Divorce, then my client waited for setaside the exparte order for a period of 6 months, but the respondent did not do so. My client has married as per hindu ritus and customs. Now the respondent has filed a maintenance case as well as to setaside the exparte divorce decree.
My client problem is, whether to allow the setaside order, then what is the position of my client's second marriage and Maintenance to first marriage couple is maintenable or not.
Kiran Kumar
(Expert) 10 November 2011
the applicant seeking setting aside of ex-parte order will have to prove the facts first that she was not in knowledge of any such proceedings and how she came to know about all this....in brief she will have to satisfy the conditions of O.9 R.13 CPC
now if the ex parte order is set aside and the matter is put to evidence and the divorce decree is nullified then certainly the second marriage will become void.
Guest
(Expert) 10 November 2011
totally agree with Mr. Kiran.
Rajeev Kumar
(Expert) 10 November 2011
I fully agree with Mr.Kiran
Shonee Kapoor
(Expert) 10 November 2011
One more information, though the second marriage would be void, the client can not be prosecuted for bigamy.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
mouraly
(Querist) 11 November 2011
Sir Thanks for good Advice.
My client is a husband I had filed divorce petition in 2008 summon served to wife, but she had not appeared. the hon'ble court waited more than two and half years for appearance, then finally exparte order passed. My client waited for another SEVEN months, till than wife has not filed any petition in the court. After that my client married another girl and also registered the same. After knowing the marriage, the first wife filed setaside petition along with condone delay petition. If I have not objected these petitions, then the second marriage may be become VOID. To save guard my client peaceful life, i am making strong objection. Whether my stand is right or wrong.
you may indicate the suitable authorities for my kind reference
Shonee Kapoor
(Expert) 11 November 2011
Well, if notice was properly served, she has no ground of appeal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 11 November 2011
You have a good case but first wife is entitled to maintenance provided other things are in order.
mouraly
(Querist) 12 November 2011
thanks Experts
You may kindly go through my client's problem and give details opinion
