divorce

Querist : Anonymous (Querist) 12 February 2011 This query is : Resolved
i was married in 2008 as per indian christian marriage laws. My marriage lasted for about 3 months. My husband was in the US. After three months of marriage, he happened to run away with all my money and thereafter i didnt hear from him for a very long time until lately.

As we werent in touch, i filed for divorce and got an exparte decree in 2010. Now my husband has approached me for a divorce. My lawyer suggests that its better to file for divorce on mutual consent. I am wondering why my ex parte decree wont help! Do i have to file for divorce again?
What are the proceedings for mutual consent? How long will it take for that to come into effect?

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Dayananda Gowda (Expert) 12 February 2011
You have already got a decree of Divorce from the court and your marriage with your husband dated 2008 is already dissolved. under the circumstances you have not able to get a mutual consent decree once again.

If your ex-husband has forced you for divorce, send him a copy of court order which was obtained from the court

Arvind Singh Chauhan (Expert) 12 February 2011
If the limitation period to set aside exparte decree has been expired and really your husband also want divorce. There is no need to file the same again.

Querist : Anonymous (Querist) 12 February 2011
now that i have a ex parte decree, can my husband contest against this? because i couldnt claim any maintenance from him, can i claim it from him thru filing of mutual divorce?

Kirti Kar Tripathi (Expert) 13 February 2011
If your husband realty want divorce. Then there is not need for him to file any other case, the Ex-parte judgment already passed is sufficient. However, if he is not agree with the allegations made by you in the Ex-parte judgment, he can apply for setting aside the judgment and after getting judgment set aside a the same case can be converted in the the suit for divorce on mutual consent.

Kirti Kar Tripathi (Expert) 13 February 2011
you can get maintenance from you husband after divorce in all event even after mutual consant till you remarry.

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