Divorce

You compare the first petition with the second petition and if the grounds are same, then while replying the second petition, in "preliminary objections", you aver that she has not come with clean hands before the hon'ble court and suppressed the vital information and hence, argue that the second petition is not maintainable.

sir on 20 july exparte is given to wife

If you want to contest her case, file an application immediately to set aside ex-parte order/decree, whichever may be the case.

You mean, your wife did not appear in the court after filling the divorcee petition for the second time and court have declared your wife as "Exparte" on last going 20th july, 2015?

Then what is the problem? suit will automatically be dismissed by the honourable judge.

If it is vice versa, then file an application immediately to set aside the exparte decree and contest the case.

MY WIFE HAS GOT EX PARTEE DIVORCE AGAINST ME ON THE GROUNDS OF CRUELTY, nOW A COMPROMISE IS REACHED BETWEEN US . i WANT THIS DECREE TO BE CANCELLED AS i AM A GOVT SERVANT AND CAN HAVE REPURCUSSIONS ON MY CAREER. CAN THIS DECREE BE CANCELLED OR MODIFIED .WHAT ARE THE OPTIONS AVAILABLE  WITH ME TO GET THE DECREE CANCELLED AND NEW DECREE ISSUED ON MUTUAL CONSENT

@legaljoe, what you should do is to file an application to set aside ex-parte decree and once it is set aside, then you both file fresh mutual consent divorce petition and get divorce.  It would take six months for MCD decree.

Wife filed First divorce petition in 09.09.2009 which was dismissed by note of  instruction.

second application filed by wife in march 2014 for divorce in same court.

In this she hide the facts of filling of first application.

i delibrately refuses the summon, as 498A was under trial, after publication she got ex parte on 20 july now i appear in next week and set aside her ex parte order.

for that i need points for objection

so i had asked Is second application is maintaible as first was dismissed by same court by note of no instruction and wife was not willing to proceed furthur [ this was the case in first divorce apploication]

in present application she hide the fact that she had already filed prior to this one and that was send back to record room by note from judge as i stated above.

she also hide the fact that i won section 09 in feb 2010, after that i filed for execution of section 09 and now the execution case is in high court. she also hide the fact that 498A is running and she has given her evidence , during the pedency of 498A she was living with me and gave birth to female child.. so she has not appeared before the court with clean hands....

over this i need help from experts ... give point to set aside the exparte and do dismiss her divorcr application note that i want to give her diovorce on my condition that is on the basis of cruelty of 498A and not on her conditions, so please help me over here,

[ she filed this only to harrase me, I dont want to give her divorce till 498A is pending , i am working on the strategy of false 498a case, after this set aside  and i won 498A i file counter case as she filed false cases,]

please add your views as date of hearing is coming soon in next days.

From the dismissal of her first divorce petitin to next divorce petition, there is a gap of 5 years.  Hence, she can add the further grounds. Otherwise also, you got S. 9 RCR in your favour and within one year, it could not be executed.  On this very ground, she can file divorce petition and can get divorce.  Yes, it is possible, even RCR decree is against her, she can get the benefit out of it by putting averment that there was no cohabitation within one year from the date of decree.  The court cannot refuse her divorce petition on this ground saying that she is erring party and hence cannot get advantage of it.

Prabhakar Advocate (M) 9958670740

Legal Aid Panelist - Central Delhi (Tis Hazari).