Setting aside divorce exparte order in family court hyderaba

Train has left the station.

Through a local contact see if you can get hold of a divorce decree.

If so, based on decree apply for maintainance in your city and fight the case of merits.

You may get some relief.

 

No point in fighting anymore. Think is as good riddence.

 

Meet the family lawyer. chance of setting aside are remote, since you have ones appeared in the court, however go for maintainance in if required under section 18, 19, 20 of the DV Act as well.

thanks sirs. my lawyer is ready to approach court (with high fees), but my family friend is suggesting chances are very less, because he is married. If second marriage is the only reason, how to prove he is not married? should we ask for registered marriage certificate? it is 6 months since he has got divorce decree.

As said earlier you have better chance in winning a maintainance than fighting a decree.

Morover you mayn't be living with him even if you win appeal against decree, Would you?

So what's point?

Have the copy of decree , file maintainance with relevant laws. Win it. And marry again if you wish.

Rest is moot

Your own well wishers around you have alos appriased you of the options.

You have been well advised in this thread also.

So what is point in remaining entangled with irrelevant issues and beating around the bush.

Marriage in accordance with personal law/customs is considered valid.

You may obtain certified copy of the decree and  try for maintainance.

 

Originally posted by : vimala
	sir, madam, my husband has obtained divorce decree and claims second marriage is also done. i have initially received the notice from family court and appeared once, but not appeared after that. i am from chennai. what is the procedure to file petition to set aside the exparte in family court or high court in hyderabad? will husband come to know if i am filing the petion for setting aside? if husband is married, what will happen. what kind of second marriage evidence we can ask for setting aside exparte? what will be the cost of lawyer to make this success? thanking you sir, madam.

Family court giving divorce via exparte shows that you did not bother to go to court at all.  In a Family Court case moves at snail pace, inspite of that if the party does not appear in court, then court will proceed with exparte.  HC usually wont interfere in lower court orders, it will if the case is of maintenance interfere to increase the maintenance ordered by the lower court but in no case have I come across decree of divorce getting set aside.  Reason as I said is, FC will have waited for considerable amount of time before passing exparte orders.

If your husband has re-married then it is valid marriage, going for appeal can be done from your end, and you will have to just wait and watch what HC will tell about your appeal.

Evidence of marriage is same as what you both gave while filing divorce petition in family court, wedding card, photo of you wearing mangalsutra and garland exchange, video cassete or DVD of marriage rituals.

Minimum cost involved will be 50-60 thousand for a reasonable lawyer in HC, but you can search for ones who charge less also.

It appears that you simply want to trouble the guy, now that you have come to know he has remarried.  This is not good.  You better let this go, and find someone suitable according to your devlish nuances and thoughts and remarry.  All the best.

If the court of law has summoned to appear before it but the party has not appeared then court instead of 'Contempt of Court' has  passed Ex.Party order.

 

 

Go according to helping hand suggestion.chapter over and find one suitable person ,marry him then file against that person under 498a case then u will get enjoyment