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Chetan Singh (SE)     15 June 2011

Advice in Ex Party Divorse

Hi Friends,

Please suggest me right way .

I have married last year 2010 with Arya samaj marriage act. But after marriage she proved bad in two months

she was very fraud and what ever she told me was wrong info about her . The days were passing for me like hell.We had lot of quarrels with us so finally we got seperared. some times I have finencially helped her when she needed more.
I have asked her to give me divorse but she is not ready and she is leaving seperately.She is threating me for 498act cases. So I am fighting a xparty divorse case with her. My lawyer told me it will finish after next 4-5 months. My question is below;-

1. when can I remarry again.
2. can  she reopened the divorse case again?
3. For what time I should remain quite and hidden so that after that time period she cant claim any thing?

Please reply about xparty demarits and marits.

Thanks in Advance.



Learning

 8 Replies

Arvind Singh Chauhan (advocate)     15 June 2011

1- You can marry after the 90 days of divorce decree.

2- Expartee proceeding mignt be cancelled within 30 days of expartee order. She may apply for cancellation of exparte decree within 30 days of expartee decree. After 30 days she will have to show the genuine cause of her absence during divorce proceeding.

3- You should keep quite at least up to 90 days after the expartee divorce.

Chetan Singh (SE)     15 June 2011

Thanks Arvind,

Can you also suggest me , what after 90 days, can she any time catch me or claim me by police or court.
Her nature is to show Arya samaj certificate and catch me with the help of police .

so after that 90 days period, Am I free, if any notice or police catch me can i show that exparty divorse papers?
 

Anjali (IT)     15 June 2011

u can re-marry after 90 days. If she goes for appeal with genuine reason , the marriage will be in 'VOID' status until the outcome of the final judgement...even after remarriage she can file 498A, or DV case , Maintenance cases etc against you...it will be better to settle the issue before remarriage...

Chetan Singh (SE)     15 June 2011

Ohh,

Then what is benifit of my ex party divorse, why this law is there.
She dont want to divorce with me so that I cannt do remarriage. She had hidden so many past things with me
she is very crual and money minded , she is asking me more than 15 laks to settle down even I cant pay her such amount.She know my financial condition that  I cant even pay 1/3 of it.
After 2 months of marriage she is not living with me.
After all these I have taken desion to take ex-party divorce, so please dont let me down, I want to remarry without any future problems.


 

ABC (aaaa)     15 June 2011

Aman Ji,

498a can be filed after divorce but it you can fite it out, DV can not be filed after divorce.

as fas maintenance is concrned, collect some proof of her education, employment and her cruelity towards to within this short span of marriage. maintenance would be meagre or nil.

do not worry, chalk out your plans according to the NIL resources a indian husband has for his protection. you have to fight with what so ever ammo left by your opponent for your disposal.


(Guest)

With my very limited law knowlege,

 

Summons have to be served to Wife side as well. Means she will be notified by court about divorce case filed by you.

 

Inspite of getting summons delivered to wife , if she is not appearing for 3-4 dates then you may ask for ex-party decision. You can not file divorce as ex-party at first place.

Chetan Singh (SE)     15 June 2011

Ok, But my question remains same, If I get ex-party divorce and I remain quite and hidden till 90 days.
Then Can she stops me to remarry and will my divorse papers will valid after 90 days if she goes any where to stop me.

Can I show every where that divorce papers without any fear? Will my new wife have any problem with that ex-wife?

ABC (aaaa)     15 June 2011

No one can stop you to re-marry after 90 days of dicree of divorce, if she is willing to contest the dicree she have to get the condonation from competent court then she can file for set aside the ex-pary dicree.


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