Restoration of Ex-party divorce after four months,
Querist :
Anonymous
(Querist) 06 April 2010
This query is : Resolved
Dear sir,
I had got ex party divorce on 18.11.2009( filed on 12.5.2008) through proper channel from family court,lucknow.She had fully/ truly knowledge regarding this divorce petition.She has singed in summon- acknowledgement which is attached in court file.In petition she has mention that
1)-In attached acknowledgement,my singed is vague/false/faque ( i know, that is true she has already play game, her signature is not matching and totly deferent).
2)she says i have not received any summon by post man.
It is not true she had receved three summons.
In this regard to prove as a evidence can i get the all receiving certified copy from post office through RTI ?
Apart this still i have Two strong evidence to prove that her restoration is not maintainable.
A)- I have I have certified copy of mediation /arrest stay of high court lko PETETION- 498 case under queshig of FIR, ,which i had sent during this period in which she had received as a annexure of divorce petition. she had attended the medeation in h.court (four month period from feb 2009 to july -2009.)
B) second evidence is that again i had sent a petition through High court on 22.1.2010,( under queshing of Chage sheet -498a case) in which i had attached a copy of ex-party divorce as a annexure.
in spite of these sufficient knowledge of divorce, she has not contest the divorce.
can these document are sufficient to prove that she was having sufficient knoledge.
Pl. suggest me how can i win this restoration weather it is mentinable or not ?
I have got decree of divorce. Still i have not got marriage. Now she has filed for Restoration of Ex-party divorce after four months, only for harassment/linger on divorce.
Raj Kumar Makkad
(Expert) 06 April 2010
Nothing can be definitely opined whether you shall win or your ex- wife shall win in the restoration petition. In case you have sufficient material to oppose her petition, put all these before court and contest the petition vigorously. Rest depends upon her case also.
There is no limit for filing such petition. Generally it is moved within one month of date of knowledge and you know every one claims that she/he had no knowledge prior to that period.
Court generally keep liberal attitude in such petitions if no subsequent marriage has been performed by either of the parties after obtaining decree of ex-parte divorce.
adv. rajeev ( rajoo )
(Expert) 07 April 2010
You have got ex-parte decree so no other way to your wife except approaching high court against the order.
