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tryst (w)     23 January 2011

Ex Parte Divorce

Hi,

A friend of mine got married 8 years back and has been staying away from her husband since the last 6 years due to the ill treatment by her husband and her in laws.In between she has had no communication with her husband.Now she wants a divorce and was informed by her husband that he has already got a exparte divorce and has remarried. Can an exparte divorce be viable since my friend never received any intimation of the legal proceedins at her end. Please advise.

Thanks



Learning

 8 Replies

Avnish Kaur (Consultant)     23 January 2011

now what ur friend wants?

is she happy separated this way or she wants to have him punished?

N.K.Assumi (Advocate)     23 January 2011

The law helps those who help themselves: why did she sleept over her rights for such a long time and agitating now that also after the second marriage of her husband? I guess her tryst with destiny is to live as a widow unless she also goes for second marriage. If advise she may ask for maintenance from her husband.

phaneendra (Advocate)     23 January 2011

in which year he got exparte decree ............? and what exactly she want now ..........? if just divorce as you mentioned above already she got a exparte decree . she can go for remarriage and start a new life forgeting about the past  no she want to make him punish  want any maintainence or any other thing  she can go for appeal. now its depends on her how to mould the things happening around her .

tryst (w)     23 January 2011

Thanks for the responses. Firstly my friend wants to appeal against the ex-parte divorce stating that the matter could have been settled with the consent of both the parties. Is the exparte divorce document legally valid as it was obtained without intimating the other party when there were numerous ways to communicate the same in this case.

Secondly she wants to claim alimony as its a case of insult over injury. I hope you appreciate my point .

Awaiting your valued comments.

Thanks again.

adv. rajeev ( rajoo ) (practicing advocate)     23 January 2011

Now she wants divorce, but already her husband has got ex-parte divorce, then what is the necessity of going for divorce again.

1 Like

manjit kalra (system eng)     23 January 2011

civil: challenge expartee decree and ask for alimony

criminal : file criminal charges for getting expartee decree by playing fraud , also chage him with bigamy

Anjali (IT)     24 January 2011

Hi tryst,

  Firstly my friend wants to appeal against the ex-parte divorce stating that the matter could have been settled with the consent of both the parties.

Six years lived without any information ,but suddenly you want to distrub another family. what were you doing last 6 years ?

Secondly she wants to claim alimony as its a case of insult over injury

6 years you dint want any alimony, but now you want ? I feel something wrong with your friend. 6 years she enjoyed her life , when suddenly something went wrong in her life, she turns back now and planning to harass her husband?

1 Like

tryst (w)     25 January 2011

Hi, Anjali,

Dormancy for 6 years is no clause to leave an exparte decree uncontested.On the disturbance issue, what about the disturbance that was caused in the aftermath of the marriage 6 years back. Lets talk on the legality of contesting the decree in the eyes of the law. Its better late than never.

Dont make wild guesses of when someone is enjoying and when something goes wrong.This is a law forum so lets not make any assumptions and follow what the law of the land says.

Thanks


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