Ex party divorce
Querist :
Anonymous
(Querist) 18 March 2010
This query is : Resolved
Hii all..,
I'm 24 year old female,I got married on sep-07. and i stayed with my husband in India for two months and then moved to Oman for work. later on feb 08 he came to oman and we stayed together for two months and then i came back to india because of physical and mental torture and also i found my husband was having an extra marital affair. on dec-08 i filed a divorce pettion and he didnt appear neither appointed an advocate. by sep 09 i got an exparte divorce.he has not given any apeal yet.
Now i'm planning to get married again. Is it possible that he can come and say that he was no aware of the divorse and create issues? if i get married , after marriage can he come and create issues? if i'm already married will court support me?
Please answer my query, I will be greatful
thanking u..
regards
R.R. KRISHNAA
(Expert) 18 March 2010
Since you have got order on sep 09 and if your husband has not chosen to set aside the order till date then you can marry anybody as you wish.
Querist :
Anonymous
(Querist) 18 March 2010
Hii Mr Krishna Thank you for the reply.. can he set aside in future? In my decree its written that apeal peroid is for one month... can he go to a higher court for an apeal?? if he can, till when?? The judjment was made by honarable family court of kalpetta jurisdiction, wayanad , kerala
Querist :
Anonymous
(Querist) 18 March 2010
Also please tell me if i get married in future , can he create an issue out of it?
R.R. KRISHNAA
(Expert) 18 March 2010
The limitation period for appeal or setting aside the exparte decree would have been over by november 2009 itself. Hence you are free to marry anybody. He cannot set aside the decree in future unless he shows to the court that the said exparte decree had been obtained by fraud or otherwise.
Querist :
Anonymous
(Querist) 18 March 2010
Thank you Adv P.R Krishna for clearing my query
Legal Eagle
(Expert) 18 March 2010
Is the notice served at the right address??
For in future , if he is able to prove that service of notice was done at the wrong address then an appeal is possible.
Have you sent the decree copy of the divorce?
Will advise you to go ahead and get married, for he would not take any steps
He has not even bothered to get in touch with you for the past 6 months
All the best for your future.
