Exparte divorce... pls help
Querist :
Anonymous
(Querist) 03 April 2010
This query is : Resolved
Hello,
I have a query regarding exparte divorce.
i got a divorce granted by the maharashtra district court on the 2/1/2010 as per the exparte order.
My lawyer had initially filed the petition as per domestic violence act and had sent a notice which was recieved by the other party.
The summons sent by the court was denied by them but we had a proof that they had not recived the summons but stay at the mentioned address. They did not turn up even for a single hearing..
Now its post 90 days. I am not sure if My ex Husband is aware of the divorce judgement as he and his family keeps on emailing/calling me/my family to know about the divorce status. I am not sure about telling him about(however i want to as i want to get rid of his harrasment) the same as he is a psychopath. He may be telling that he is wanting the divorce more than i do, however given as chance may appeal against the judgement, just to put me in trouble.
I want to know
1) If the opp party is informed about the divorce by the court through a summons?
2) If not, Would it be safe for me to let him know?
3) i have read over the internet that ppl are advised to go for a normal divorce even after exparte as the opp party can contest the decision anytime(even after 90 days). Is it true?
4) In my case, divorce with mutual consent will not be possible as the guy will not agree to it. Please advice whats the way out. I really dont have the time and the energy to go through the same pain of going to the court again and again...
looking forward for you reply desperately....Pls help...
Regards,
Raaj
adv. rajeev ( rajoo )
(Expert) 03 April 2010
Court will not issue summons intimating the order of the case to the opp. party. so Dont worry.
If appeal is filed after 90 days nothing will happen to you. First of all you are not ready to live your husband, even if ex parte order is set aside nothing will happen to you. There will be a conciliation stage in the divorce proceedings there you can say your problems court will be there to make a compromise if no compromise is arrived then divorce order will be passed.
Querist :
Anonymous
(Querist) 03 April 2010
Hi,
Thanks for the quick response... So are you suggesting that i should inform the opp party about it?
When can i look at remarring?
If my ex husband does not appeat against the judgment ever, will this exparte hearing be sufficient?
Harshada Shukl Kulkarni
(Expert) 03 April 2010
I do agree with Mr. Rajeev to some extent, court is unable to deliver the judgement to the judgement debtor, but in any event if the judgement debtor came to know that the judgement has been passsed against him, he can file an application for setting aside that judgement / order at any point of time, and the court can condone the delay in his application in the interest of justice, and can set aside the order passed. If the said order is set aside by the court then again you will have to contest that matter.
Querist :
Anonymous
(Querist) 04 April 2010
HI,
I understand the procedure however what should be my next step. Should i keep on waiting for him to get to know or should i inform him so that if he wishes to go for the appeal, he can and i can get over with it fast.
If i dont inform him about the divorce, there is no way he will come to know.
Pls advice...
Querist :
Anonymous
(Querist) 02 July 2010
Hi,
I am totally confused.. can you pls advice what should i do now. It been 6 months since the judgement was passed. He is aware of the divorce for the last 3 months. I had informed him through a mail. my only worry is that he has not signed anywhere. I have not signed on any papers after the judgement was passed.. I have the decree though..
What about remarriage.. when can that be looked at. What if he creates an issue after i get married again.
Pls help..
raaj
