Exparte Divorce
Dasan
(Querist) 11 November 2009
This query is : Resolved
I got Exparte divorce from Family Court in Ernakulam. My wife never attended court. The order received in February 2009. Can I remarry now. Or if there any legal obstruction still I need to clar.
Thank for advice in advance.
Suhail suhail
(Expert) 11 November 2009
Well if the court decreed divorce you can remarry,as until the exparte decree is not set aside it is binding upon parties,and legally you are divorcee, .Though it will be much better before going for marriage to publish in the well circulating local news paper about yours being a divorcee, and you can refer in the publication the order of court passed on the___ date,and declare that you are no more husband of your ex-wife with particulars.This is for your protection to avoid any apprehensions.As if you married and your ex-wife filed an application for setting aside the order and decree passed by court, on the grounds of non issuance or improper service of summons or notice regarding the pendancy of the case that will throw you on the ends of bargain,as the stakes could be hard to negotiate.I think you should make the copy of order to be served upon your divorced wife through Regd.post with A.D,which she can refuse to acknowledge,and in that course your publishing the notice in the news paper will protect you from being trapped in the legal technicalities.
Dasan
(Querist) 11 November 2009
Thank you for the reply. In fact I am not in Ernakulam where I got decree from Family court. I settled elsewhere. I can only publich in the local media etc. only when I go to my place. Now I am planning to marry where I am doing job and settled. The exparte judgement passed after serving all kind of notices (even once the notice pasted on the doors of her house and she herself signed as witness) Will the same court will accept her application for set aside or she has to go to Higher court. Will be appreciated your answer again.
Raj Kumar Makkad
(Expert) 11 November 2009
Yes. You can perform your re-marriage as the decree has become final.
Adv. Biju Gopal
(Expert) 13 November 2009
Yes you can remarry now.
Adv. Biju Gopal
www.familylawyers.in
