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.