exparte-divorce-conjgal rights
Ambika.S
(Querist) 25 July 2008
This query is : Resolved
what is the effect of setting aside an exparte order of divorce petition?
The husband had filed a petition under section 13[1a] of Hindu Marriage Act. The wife did not appear before the Court and though due notice was served a paper publication was taken for the same. The wife remained absent and the Hon'ble Family Court allowed the husband's petition.
The wife filed a miscellaneous petition and set-aside the exparte order. The wife filed one more petition for conjgal rights and in that petition the husband remained exparte. It was allowed.
Presently, the husband has filed a miscellaneous petition to set-aside the exparte congjal rights.
The issue here is the status of the spouse and the litigation is for 10 years.
tarun
(Expert) 25 July 2008
Ms. Ambika,
As a professional lawyer my opinion to ur query :
Ex parte order can be very well vacated in ur case and the order allowing u ur conjugal rights can be contested by the husband and he may drag the case for a few more years ...spoiling life of both the partners and the children ( if any ) . ..
status of the parties is still of husband and wife ...till the final decree of divorce is not passed .
it is not clear in ur letter that u are living separately or still with ur husband ..........if u living separately ,getting maintenance , then the court will allow the divorce petition of the husband ...( he may add desertion as an addittional ground ) as the court will take a view that there is cahabitation and relations are stained to such an extent that thher will be purpose achived , no welfare of any party so it si desirable to dissolve the marriage
Opinion ii ( as a counsellor) try to resolve the matter and conver the petition of divorce on mutual consent and free ur husband and ur self from this relation , accept the reality of the life that u can not get anything by force ,f there is no love ,no respect relation should be dissolved atlerast in a dignified manner.
anantha krishna n.v. Advocate
(Expert) 25 July 2008
your query is a bit confusing. I am not clear whether the petition filed to set aside exparte decree of divorce filed by the wife is allowed or not?
IF ALLOWED: THEY ARE STILL WIFE AND HUSBAND
IF NOT: THEY ARE NOT HUSBAND AND WIFE Anymore, pending disposal of the said Msc. OPetition.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)
Srinivas.B.S.S.T
(Expert) 25 July 2008
Madam what do you mean by that the litigation is for 10 years? Is that the set aside exparte petition filed with a delay or that the petition itself pending disposal for 10 years. Please furnish fuller details.
SANJAY DIXIT
(Expert) 26 July 2008
Mr Tarun has given his opinion nicely. I agree with his opinion.
On the basis of the given limited facts the status of the spouse is still of husband & wife.
R.Manivasagan
(Expert) 27 July 2008
Madam, what you mean for the litigation for 10 years, we are confusing in your query.opinion 1: file an application to try both matters jointly or simultaniously. Opinion 2: If both the matters are pending in differant courts, immedieatly file a transfer petition to try both the cases in a court. Opinion3: as per the Land mark judgemtns, in the matrimonial matters unnecessary delay should be avoided. Further each party is having right to get orders on merits. Try to solve the problem
Ambika.S
(Querist) 27 July 2008
Thanks for the opinion given by the experts and for the comments.
I as a counsellor and Hon'ble Court in Bangalore has taken the matter for Mediation to see that they give consent for Divorce in dignifed manner.
The issue of maintenance under section 25 is pending it may be resolved in one or two sittings.
