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Vinay Kumar Dewangan (Prop)     23 January 2011

Advice me to save my Ex-parte Divorce

Dear All,

I got ex-parte Divorce on Aug 10 and my wife was challenged the same on the same district family court after 21/2 month. She says on her application that she has not got any notice regarding the divorce. But the fact is that she has charged me and my family for 498A and women protection law after informing her about divorce petition on Mar10. And she is also refusing her own written address which she has written during 498A FIR and saying that Post has not written thatswhy i didn't get. (I live in Bhilai (Chhattisgarh) and she has lodged 498a and other cases on Nagpur (Maharashtra)

One more thing is that during the proceedings on Nagpur court i had informed court and herself by giving exhibit and that exhibit is also shown to the court. During the argument it has been proved even that she didn't come deliberately on the court to get her 498A in stronger side. But now she got to know that i have got ex-Parte Divorce.

For her application submitted on the court for stay on Divorce has been denied by Judge and that deciscion stated that application for Stay on divorce is rejected but her condolence of delay(Section 5-Limitaion Act) and Section 9 (13) on hold till she gives evidence and cross.

I want to ask you that if it has been proved that she didn't come deliberately on the court during the divorce case proceedings the why it has not been rejected by the Magistrate of Dist Family court and Is restoration of the case possible even after Nagpur court exhibit has come that regarding the case no. and proceedings date was known to other party.

Please advice me how to fight more to dismiss this case though half of the way it is in my favour?



Learning

 3 Replies

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     24 January 2011

You need to prove that all the summons were posted and delivered or refused to/by the opposite party.

After taking ex-party you should have marriaed immediately/take advice of advocate and get married immeaitely.

Jamai Of Law (propra)     24 January 2011

Your 498a is on.

Don't try to remarry in haste. You will invite new problems with it.

 

Ex-parte divorce is always dangling sword. Its set aside many a times.

 

Do you have proof of summons issued?

 

Ex-parte has only added to your woes.

Vinay Kumar Dewangan (Prop)     24 January 2011

Thanks sir'

Yes I do have prove in which she refused to accept that summons by saying that there is no such a place "Gayatri Nagar" at nagpur and i also have that exhibit in which Magistrate have signed and stated informed to the other party with his signature. She also signed order sheet in which that exhibit no and the date is shown. Now according to his first order only stay application for the execution of divorce decree has been rejeced but yet her evidence for the Section 5 (limitation act- condolence of delay) and her reply in Sec 9(13) is pending. I am afraid that not to be started again. And further i am also not interested in second marriage i just want my daughter back from her and i don't know wheather i will get her or not.

Once again thanks.


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