strange situation

You could filed an appeal against the ex-parte judgement.

Dear Ms. Bharti,

Your RCR will stand.

The ex-parte decree (though being delayed) will ultimately get cancelled.  But you have to be patient.

Do not bother about the army now.  If you still want, you can file a writ petition in the HIGH Court seeking a writ mandamus to Army not to remove your name / status as 'wife' from the service records of your husband.  The Court will definitely grant your prayer.  The army has to first restore your name.  Only after all the cases come to an end, can the army do anything - whether to retain your name or remove your name.

As I said, you have to be patient and fight your case.  In case of need, you can approach the legal aid society in your locality - where an advocate would be appointed to take care of your case.

Dear Querist,

You have multifold options to take action from and of course, without choice.

i) As advised, please move a writ petition before your HC and Delhi HC (since the Army HQ is located in Delhi) for issuance of mandamus and/or appropriate writ/direction against the Army authority to maintain status quo and restraining them to act upon  the removal Order (of yur ame from the role of spouse) and ad interim grant maintenance etc.

ii) Immediatly file O. 9 R. 13 CPC application for setting aside ex-parte Order or appeal against the said decree (as the case may be ..... since facts are not clear). If delay in the Court concerned has damaging effect, you may move AP HC for issuing appropriate writ for expeditious proceeding by the COurt below.

iii) You may also lodge necessary complaint in the State Council for Women and/or NCW seeking their help.

Trust this would suffice.

Rabin Majumder

Advocate & Attorney

New Delhi

Follow adv. rajeev ( rajoo ) and Advocate Rabin Majumder, Delhi advise.

Learned Members,

Thanks a lot for promt advices . I add on some more points to elloborate the injustice that is been done to me at every stage:

) I wrote more than 100 letters to army . Even Army women cell wrote to army to help me out and for interim maintainence but no results. I was then forced to issue army with sec80 c.pc notice as it is suspected that my husband's officers have helped me out in the process to harass me. On several ocassions he was duly presented in Vishakapatnam court as well as on duty in Meerut. This was brought out through RTI. Futher he fiiled a manupalated copy of petition of divorce when he was asked to submitt the same to army authorities...in this manupulated copies he defamed me of having several mental disease. No action was taken by army when i complained all this. It was god who helped me and I cleared State public service commission exam and finally got a living . But it is really a shame that my husband has said all false things about me. I am a through out gold medalist and works with Planning Deptt .. was even awarded by the governor... m I mad?.My new salary is all taken for the fight against injustice.

ii) Immediatly file O. 9 R. 13 CPC application for setting aside ex-parte Order - I have already done it and it is pending before the vishakapatnam court  since last 1 and half years . My dealy codonation has u/s 5  limitation Act has been approved but my husband is palying fraud of all kind. Recently my husband wanted to marry a lady capt and i sensed it ; thereafter I went to vishakapatnam court which ordered sttaus-quo. Against it he went to high court  A.P and fortunately I came to know throgh net about the same . i appeared in high court and A.P court dismisse his petition and asked the lower court to speed up the process .The problem is basically that he is in love with another lady captain army . I tried to contact her but she is arrogant ... I tried to save my relationship and is still trying but in all this I am really suffering at the hands of delay.

iii) You may also lodge necessary complaint in the State Council for Women and/or NCW seeking their help.: I did that but commissions said taht as the matter is subjudice we cant help u .

Further I got RCR , Maintainence orders rs 8000 pm ( as status of my husband is high )from  dehradun court but all remain unexecuted .

I need your expert comments in this reagard .

Regards

Jaibharti Majumdar

 I am looking forward for expet guidence over the issue

Regards Jaibahrti Majumdar

I agree with learned Ramchandraji. You should keep patience wilee your condonation application is granted and application for setting aside exparte decree is pending. So now you cannot prefer appeal. You may file writ so far army matter is concerned.

Views expressed by all the experts are commendable. You also file a case under DV Act and ask the court to pass an order on Army for payment of maintenance from his salary and to incorporate your name as her legal wife till disposal of appeal against ex-party divorce decree obtained fraudulently.

learned friends,

With the blessings of god the Exparitie divorce at Vishakapatnam hasbeen set aside and the matter is listed for 13th nov 2010. Now it is learnt that   my husband may take back the divorce petition(as it has all the evidence of his fraud and then he will duly file it at Dehradun on fresh means). By this he will curb all these frauds underataken at Vishakapatnam .I nthis situation what should I do ?

Second thing is If there RCR prevailing then can divorce petition be filed ? I dont particularly of the law which projects such situation.pls guide .

learned friends,

With the blessings of god the Exparitie divorce at Vishakapatnam hasbeen set aside and the matter is listed for 13th nov 2010. Now it is learnt that   my husband may take back the divorce petition(as it has all the evidence of his fraud and then he will duly file it at Dehradun on fresh means). By this he will curb all these frauds underataken at Vishakapatnam .I nthis situation what should I do ?

Second thing is If there RCR prevailing(RCR passed in my favourin Dehradun cout)- then can divorce petition be filed ? I dont know particularly of the law which projects such situation.pls guide .

When RCR decree is passed in your favour then divorce will not lie. Your husband can challenge RCR decree in Civil Appeal only in High Court.

Dear Sir ,

I am really thankful to the guidance given by all of you.

Now in the petition of divorce ther is complete fraud. Will the principle of resjudicata be applicable in my case ?

What is the period of appeal ....he has not filed it yet 30 days have passed.

regards

Bharti