Regading: ex-parte divorce
Mukesh Kumar
(Querist) 04 March 2012
This query is : Resolved
Sir , my name is mukesh kumar I have filed a divorce case on 05/08/2010 and my wife has not taken any interest in case because of this reason I got Ex-parte divorce. but later on after the decree of expartee (appx.2 months) she came back and filed a revision under section 9 and section 5 both of these allowed by the court that she was not aware of this divorce case.
Now I have again filed a revision challeging these judgements that she was aware of this divorce case 2 months before the order of Expartee . As a proof I am giving a copy of my high court petition (in which I have enclosed the copy of divorce petition) to that court where I have filed my divorce case and a copy of her recorded statements which she has given in her dv case. she confessed in her recorded statement that she appeared/present before high court court on that day.
if she was appeared there in high court it means that she was aware of this divorce case.
she is a 10+2 literate women and worked as teacher before marriage .
so the expartee decree passed in her full consent.
plz let me know what will happen with my revision.
V R SHROFF
(Expert) 04 March 2012
divorce case on 05/08/2010 got Ex-parte divorce.
If she appeared or filed VP, in divorce case she cannot deny it later on.
If unseerved, no ex-parte J could be passed .
You have very good chance to get order in your fvr.
Now it depends on how u argue & prove . & cite authorities.
Kirti Kar Tripathi
(Expert) 04 March 2012
Normally once Ex-parte judgment is set aside, the higher court do not interfere with the order as the fundamental principal is that court ought to decide the lis between the parties on merit.
Raj Kumar Makkad
(Expert) 04 March 2012
If you have good case seekin divorce is your favour, why do you feel ba if she contests the petition on merit.
The attitude of courts and law of natural justice also demand that such serious cases which do affect the whole life, property and prestige should be decided on merits rather on technical reasons.
You should not persue your revision rather should persue your petition on merits.
R.Ranganathan
(Expert) 04 March 2012
As explained by Mr. Raj Kumar Makkad, it is best to withdraw your revision petition and get alongwith the divorce case itself.
prabhakar singh
(Expert) 08 March 2012
Since you have filed revision,you may await for its out come but do not hope in your favor due to reasons aforesaid by experts M/S tripathi and Makkad.
