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Rajesh   10 July 2016

Divorce

Dear Sirs, 

I am Rajesh from chennai.  I got married in 2006 and got female child in 2007. My wife was involved in  adultery in 2009. I have filed divorce petition in chennai poonamallee court in 2009 u/s.Adultery, Crulty etc., My wife relatives are big rowdys gang. when case under court one day they came to my house and taken all the household items and including of all of my materials including my TWO PROPERTIES DOCUMENTS ( both purchased before my marriage) and also threatened me not to come for the court. Due to this threatens, I never attended the hearings and my divorce petition was dismissed by exparte in 2010. My wife and her relatives refused to give back my both of the property documents. Hence, as per my advocate adivse, we have given newspaper advertisement that I have lost proerty document during my travel in bike and filed FIR also. All this happened in 2010

After six years, again I have filed divorce petition in Madras High Court on Jan 2016 u/s.13(1) (i), (i-a),  & (i-b), by mentioning all the above incidents. During first trial, my wife and her lawyer appeared and stated that they have already filed divorce petition in 2012 and they got divorce in 2013 u/s.13 (1)      (i-a), (i-b) and (iii)  (Mental disorder, cruelty, desertion) .Actually she has mentioned some fake address of me in her divorce petition and she got divorce by default from myself. I have never received any notice from court and never appeared. In June 2016, I have received the certified copy of Divorce decree, judgement copy etc., Also she has filed MC for my petition. 

Kindly requesting you all to advise me what to do next. I have following doubts : 

1. My wife got divorce u/s.13 (1) (i-a), (i-b) and (iii)  (Mental disorder, cruelty, desertion). She got divorce mentioning that I have mental disorder. Will it affect my future ?. or will it be helpful for me for not to pay the maintenance as I face mental disorder. (Which was not proven by her in the court). (Please note that I am 40 years old and mentally 100% is good and working as a Manager in a MNC Company in Chennai. My qualification is B.Tech. (EEE). 

2. May I close my present divorce petition since my wife already got it in 2013. OR I need to reopen the divorce petition and to contest it as I have not appeared in the court during the trial ?.

3. Mainly, how to recover my property documents from her ?. Is there any chance to attach my property if I am not paying any maintenance ?... 

 

Thanks and regards, 

Rajesh. 



Learning

 9 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 July 2016

Sir, 

 

Move an application to the court from which she has obtained the divorce decree and set aside the ex-parte decree as soon as possible . 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Vithal. Upari (Advocate)     10 July 2016

Try to add value to the discussion, with your each post.

Kumar Doab (FIN)     10 July 2016

If you have released the newspaper Advt and lodged FIR, then you must have obtained the Certified Copies. You have never agitated that original property documenst were snatched from you and/or are with wife.

 

You wanted divorce and you have recieved the certified copy of decree. The allegations are false.

 

The wife ( Ex. wife) and her lawyer has appeared before court and now let your able counsel defend you from false allegations and let court where you have filed decide the matter on merits. Your  counsel shall  present the facts before court.

saravanan s (legal advisor)     10 July 2016

Anyhow your wife got divorce from you.you must be happy about that though she got it decided exparte.i find filing a appeal or anything else mere waste of time and energy. is she working anywhere.if so you can deny her maintenance. as far as the child is concerned since the child is more than five years of age you can claim custody of the child by filing a petition under gwa.as far as the property is concerned though they posess the documents the title of the property is on your name only and so proceed as pEr the advIce given by your advocate

Rajesh   12 July 2016

I need divorce only. because I dont want to live with the lady who involved in adultery. she has got divorce by exparte. My only concern is she has got divorce  in 2013 u/s.13 (1) (i-a), (i-b) and (iii)  (Mental disorder, cruelty, desertion) .  Will it affect my future or Job career as she has got divorce that I have mental disorder ?.  I am unable to understand how the court has given her the divorce under mental disorder without testing me medically. I am 100% good in mental.

Since, She has got divorce that I have MENTAL DISORDER (along with cruelty, disertion), will it be advantage for me not to pay maintenance, as I have mental disorder ? So will it be advantage for me ?.

Also, I feel that since she has got divorce that I have mental disorder, I cannot claim my 

daughter (9 years old now) also. Will court give my daughter ?.

Please reply sirs. 

 

 

Rajesh   12 July 2016

I need divorce only. because I dont want to live with the lady who involved in adultery. she has got divorce by exparte. My only concern is she has got divorce  in 2013 u/s.13 (1) (i-a), (i-b) and (iii)  (Mental disorder, cruelty, desertion) .  Will it affect my future or Job career as she has got divorce that I have mental disorder ?.  I am unable to understand how the court has given her the divorce under mental disorder without testing me medically. I am 100% good in mental.

Since, She has got divorce that I have MENTAL DISORDER (along with cruelty, disertion), will it be advantage for me not to pay maintenance, as I have mental disorder ? So will it be advantage for me ?.

Also, I feel that since she has got divorce that I have mental disorder, I cannot claim my 

daughter (9 years old now) also. Will court give my daughter ?.

Please reply sirs. 

 

 

Rajesh   12 July 2016

Sirs,

I don’t want to pay single rupee to her by means of Maintenance.  Because, I have spent lot of huge money during the three years of life in foreign country. But she has given lot of troubles and threatens to me and involved in adultery. So, even I am ready to accept her divorce decree that I have mental disorder, (though I have not appeared in the court), but I don’t want to pay her single rupee by means of maintenance.  

I feel that there is a advantage that since she has got divorce that I have mental disorder, how can I go for the Job and how can I earn money, and hence  I cannot pay the maintenance for her. If I am wrong please suggest.

I feel that there is a disadvantage that, I cannot claim my daughter since she has got divorce that I have mental disorder. Will court give my daughter ? . If I am wrong please suggest. 

sincerely yours,

Rajesh,

Born Fighter (xxx)     12 July 2016

Your wife got exparte  in 2013 and u say u did not know about it until you filed a fresh divorce case in Jan 2016. This means there was no claim for maintenance by your ex wife from 2013 till Jan 2016........?

 

If she was living in adultery then she should have got married post divorce in 2013. If yes then she loses her right to claim maintenance from you but u will have to pay maintenenace for ur daughter. There also seems to be no court execution order to pay maintenance for your daughter from 2013 till 2016 Jan. Now ur claim that u want to file custody of ur daughter whom you seem to have neglected until she turned 9yrs........??

 

when ur wife is not pressing for maintenance why are you creating trouble for urself by filing a case ??????? If ur mentally fit then get a certificate from a govt hospital/ biggest medical hospital in india that ur medically fit and move on !!

Regarding property docs, u have taken legal step already that ur legal papers are lost. Now apply for fresh papers from concerned Property Registrar office and sell the property.

 

A walk alone (-)     13 July 2016

If you accept divorce decree then move on. She hasn't claim for any maintenance then why you worried. As far for custody you can file but no use.Just forget all as bad dream find someone else.

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