Contested divorce

you should not remarry till appeal period of 90 days from date of decree. regards ASHOK

Thankyou Ashok.

I am aware of that.  

I am asking .......

after 90days, if i remarry, then what are the implications?

If his appeal is allowed remarriage will be termed as adultery. besides prospects of facing criminal charges on this account(both you and your new husband) you may also lose your govt. job. So pl. have patience till 90 days atleast. regards ASHOK

It is never so easy to setting aside decree passed Ex-parte against the defendant/respondent  as the onus lies on the defendant/respondent to prove that not only the summons was not duly served on him/her or that he/she was prevented by any "sufficient cause" from appearing when the suit was called on for hearing;
That first part the service of summon through Registered Post, Court Process server, Newspaper publication, affixing of summons outside the door of the house/shop/office of the defendant/respondent are various modes which are carried out first by the trail court before proceeding Ex-parte against the defendant/respondent.
 So the Court after making order for Ex-parte proceedings record the evidence of the Plaintiff/Petitioner, consider the Plaint/Petition in question and based on the facts and circumstance pass any Ex-parte order/decree, it not that just immediately after passing order for ex-parte proceeding the order/decree is being passed, what this means the sufficient time is given for the defendant/respondent to come forward at any of these stages to get the ex-parte proceeding order revoked but if still such person is not doing so than he/she cannot be allowed to take advantage of his/her wrong and prevent the Plaintiff/Petitioner to avail the relief from the court.
  If the summon was served upon such defendant/respondent but he/she was prevented to be present on the date fixed for his/her appearance, than in such case what has to be seen what was the "sufficient cause" for doing so, it not that such person avoids his/her appearance in the court without any "sufficient cause" , the court has to be satisfied for the reason or cause this person gives for the nonappearance. One cannot take the Civil Court for granted and move in and out of the courtroom as if you are moving in leisure park by not following the order of the court to appear on the fixed date and time you are committing contempt of court and in order you are not punished for this contempt (proceeding Ex-parte against you) you must give sufficient reason to the court to excuse your mistake.Keeping in mind the Ex-parte decree of divorce passed by the Family Court and your waiting for next 90 days the period of appeal, still there has been no move on the part of your ex-husband, you can go for remarriage as it is on no use sitting for anything to happen now from his side more so it will be very difficult for him to explain his move for getting the ex-parte decree of divorce set-aside now.
  It has been mostly decided by the Supreme Court as well many High Courts in India the spouse against whom ex-parte decree of divorce is passed is not getting much relief as far setting aside the decree of divorce is concerned, maximum financial relief in the form of cost may be allowed to such spouse but that too depending on the facts and circumstances.

 

PLEASE NOTE THAT THERE ARE CONFLICT DECISION BY THE VARIOUS HIGH COURT IN INDIA

@ Need Justice

Thankyou for the reply.  What does 'stigma' mean?

@ Minansu Bhadra

Thankyou for the detailed reply.  

Originally posted by : Minansu Bhadra
	It is never so easy to setting aside decree passed Ex-parte against the defendant/respondent  as the onus lies on the defendant/respondent to prove that not only the summons was not duly served on him/her or that he/she was prevented by any "sufficient cause" from appearing when the suit was called on for hearing; That first part the service of summon through Registered Post, Court Process server, Newspaper publication, affixing of summons outside the door of the house/shop/office of the defendant/respondent are various modes which are carried out first by the trail court before proceeding Ex-parte against the defendant/respondent. More so the Court after making order for Ex-parte proceedings record the evidence of the Plaintiff/Petitioner, consider the Plaint/Petition in question and based on the facts and circumstance pass any Ex-parte order/decree, it not that just immediately after passing order for ex-parte proceeding the order/decree is being passed, what this means the sufficient time is given for the defendant/respondent to come forward at any of these stages to get the ex-parte proceeding order revoked but if still such person is not doing so than he/she cannot be allowed to take advantage of his/her wrong and prevent the Plaintiff/Petitioner to avail the relief from the court.   If the summon was served upon such defendant/respondent but he/she was prevented to be present on the date fixed for his/her appearance, than in such case what has to be seen what was the "sufficient cause" for doing so, it not that such person avoids his/her appearance in the court without any "sufficient cause" , the court has to be satisfied for the reason or cause this person gives for the nonappearance. One cannot take the Civil Court for granted and move in and out of the courtroom as if you are moving in leisure park by not following the order of the court to appear on the fixed date and time you are committing contempt of court and in order you are not punished for this contempt (proceeding Ex-parte against you) you must give sufficient reason to the court to excuse your mistake.Keeping in mind the Ex-parte decree of divorce passed by the Family Court and your waiting for next 90 days the period of appeal, still there has been no move on the part of your ex-husband, you can go for remarriage as it is on no use sitting for anything to happen now from his side more so it will be very difficult for him to explain his move for getting the ex-parte decree of divorce set-aside now.   It has been mostly decided by the Supreme Court as well many High Courts in India the spouse against whom ex-parte decree of divorce is passed is not getting much relief as far revoking the decree of divorce is concerned, maximum financial relief in the form of cost may be allowed to such spouse but that too depending on the facts and circumstances.   PLEASE NOTE THAT THERE ARE CONFLICT DECISION BY THE VARIOUS HIGH COURT IN INDIA

 

^ ^ ^

Agreed

Originally posted by : Minansu Bhadra
	It is never so easy to setting aside decree passed Ex-parte against the defendant/respondent  as the onus lies on the defendant/respondent to prove that not only the summons was not duly served on him/her or that he/she was prevented by any "sufficient cause" from appearing when the suit was called on for hearing; That first part the service of summon through Registered Post, Court Process server, Newspaper publication, affixing of summons outside the door of the house/shop/office of the defendant/respondent are various modes which are carried out first by the trail court before proceeding Ex-parte against the defendant/respondent. More so the Court after making order for Ex-parte proceedings record the evidence of the Plaintiff/Petitioner, consider the Plaint/Petition in question and based on the facts and circumstance pass any Ex-parte order/decree, it not that just immediately after passing order for ex-parte proceeding the order/decree is being passed, what this means the sufficient time is given for the defendant/respondent to come forward at any of these stages to get the ex-parte proceeding order revoked but if still such person is not doing so than he/she cannot be allowed to take advantage of his/her wrong and prevent the Plaintiff/Petitioner to avail the relief from the court.   If the summon was served upon such defendant/respondent but he/she was prevented to be present on the date fixed for his/her appearance, than in such case what has to be seen what was the "sufficient cause" for doing so, it not that such person avoids his/her appearance in the court without any "sufficient cause" , the court has to be satisfied for the reason or cause this person gives for the nonappearance. One cannot take the Civil Court for granted and move in and out of the courtroom as if you are moving in leisure park by not following the order of the court to appear on the fixed date and time you are committing contempt of court and in order you are not punished for this contempt (proceeding Ex-parte against you) you must give sufficient reason to the court to excuse your mistake.Keeping in mind the Ex-parte decree of divorce passed by the Family Court and your waiting for next 90 days the period of appeal, still there has been no move on the part of your ex-husband, you can go for remarriage as it is on no use sitting for anything to happen now from his side more so it will be very difficult for him to explain his move for getting the ex-parte decree of divorce set-aside now.   It has been mostly decided by the Supreme Court as well many High Courts in India the spouse against whom ex-parte decree of divorce is passed is not getting much relief as far revoking the decree of divorce is concerned, maximum financial relief in the form of cost may be allowed to such spouse but that too depending on the facts and circumstances.   PLEASE NOTE THAT THERE ARE CONFLICT DECISION BY THE VARIOUS HIGH COURT IN INDIA

 

^ ^ ^

Agreed

I presently do the know the address where he is residing.

Legal notice was sent to his father's house (where i lived when in joint family ) , but it was returned.

For the further proceedings, should i explore by different sources round about and get his residential address, or how can the information be communicated??

Even for Court process server, an address has to be given, isn't??

Is it better to contest the case or allow it for exparte ???

Correction:

 

I presently do not know the address where he is residing.

Originally posted by : Nithya
	Correction:   I presently do not know the address where he is residing.

I have read many a queries from you. Try contacting via PM. Will refer to one of my colleagues or handle your case myself.

Nithya remember that time limit for filing petition for setting aside exparte decree under ORDERIX RULE NO 13 CPC IS 30 days from date of knowledge incase notice was not served. So no point getting exparte decree without notice being served. even in case of substituted service same time limit is valid. regards ASHOK

Originally posted by : Nithya
	Correction:   I presently do not know the address where he is residing.