expartee divorce
susheel
(Querist) 31 October 2015
This query is : Resolved
I am a govt employee. After 4 years of marriage , I filled a divorce case charging bad character and cruel behavior with me since one years. She left my house and live another area in same city with a person as paying guest. I found this address after phonic conversation with her. A Notice sent her by court's person and delivered, date for coming after one month. Both were present , counseling karai gai by family court but not successful , next date after one month . But she was absent. Court gave another next date after one month. She was again absent . family court judge gave expartee divorce in favour of me. Than according to lawyer I sent xerex copy of divorce with acknowledge ment letter to her temporary address( where notice delivered) and her permanent address ( where her family lived). I got acknowledgement of delivering of post from post office. And I approached to high court for caveat also. Both are happy with their life but after 10 month of court order she will contact me again and wanted to live and demand 5 lakh rupee. Nahi to police se milkar jhoothe case me phasa degi. Next day I met my lawyer he advised to give a application with divorce copy to IG. against her. After interfair of police matter was closed. Than she approached to court with a lawyer wanted to sat aside decree . I received a notice she said ki Maine dhoke se decree li h, court aayi hi nahi uski jagah koi doosri ladies aayi hogi.
Main kyakya karu , 1 machine baad meri doosri shadi h.
Anirudh
(Expert) 31 October 2015
You cannot remarry till such time the divorce attains finality. In your case the it has not attained finality.
Rajendra K Goyal
(Expert) 31 October 2015
Oppose her claim on the basis of merit. Discuss with your lawyer.
Nadeem Qureshi
(Expert) 31 October 2015
No need to worry, married again if you want.
if she called you and threaten to you,then file a compliant against her before police or court.
Feel Free to Call
susheel
(Querist) 31 October 2015
Thanks to all above comment experts
K.S.Srinivas
(Expert) 31 October 2015
As per law, appeal against divorce is to be filed within thirty days. In case appeal is not filed then after thirty days. In case appeal is filed, when appeal is dismissed.
susheel
(Querist) 02 November 2015
Because she is telling a lie that she was not lived there nor she got any notice anywhere.
susheel
(Querist) 02 November 2015
Because she is telling a lie that she was not lived there nor she got any notice anywhere.
susheel
(Querist) 02 November 2015
K.S.srinivas, I know that appeal period is over but she appeal that I have taken with froud she does not know anything about that and nor got any notice from court and she does not also lived there. Infect she is telling a lie.
Please ...suggest.
Anirudh
(Expert) 02 November 2015
Whether she is telling the truth or not. Once again the matter has reached the Court. Till such time the matter gets disposed of by the Court and further Appeal Time gets over, you cannot remarry. You have only planned - not married yet. What is there - just postpone the marriage, citing the above reasons.
IF you do marriage, before the divorce case attains finality, you will be in deep trouble.
K.S.Srinivas
(Expert) 02 November 2015
We, the experts have given advice regarding the legal position. You take your decision as per wisdom.
susheel
(Querist) 02 November 2015
Agree with anirudh, srinivas...thanks
susheel
(Querist) 02 November 2015
One more thing, 1- is there any possibilities of sat aside when appealing period of 90 days lapsed and I acknowledged her at that time.I can proof it. 2- if district court sat aside, can I go high court against DC for revisions or stay on sat aside.
susheel
(Querist) 04 November 2015
Please give any advice
susheel
(Querist) 04 July 2016
In there any ruling in favour of me. Please give reply
