Divorce Case

you can file caveat petition against your husband

Nehaji,

Your question is not clear.  What do you mean of harassment?  Is he harassing you outside the court for getting ex-parte decree or HAS HE FILED ANY APPLICATION IN THE COURT FOR SETTING ASIDE OF THE EX-PARTE DECREE AND YOU ARE CALLING IT HARASSMENT?

If he is harassing outside the court, he is no more your husband and hence you have to file a police complaint against him.  You have also got the option of invoking the provisions of Domestic Violence Act even against the ex-husband for harassing you.  You will be given protection.

If he has filed application for setting aside of ex-parte divorce decree in the competent court and you call it harassment, then you are wrong.  He has a legal right to move such an application as per law.  What you have to do is to engage a competent advocate to reply to this application and argue forcefully, that there was no fraud committed by you to get ex-parte decree.

Wish you best of luck. 

 @ Author

Your brief is slightly tricky in nature when you say and I quote you "after my husband delayed in attending hearing". In sofaras understanding of such sentence is concerned it may also show that he attended but his say was not heard and meanwhile ex party decree in proceedings was announced. Flip this and it may show that due process of service of Notice was not followed and third view one can take is that though all necessary process of serving notice was followed but he intentionally didn’t appear and thus you got an ex Party decree.


Well whatever the views one takes from 90 days passing from date of decree you are free to re-marry and or carry forward with your life. Let him chase Courts to re-open the case. Once decree sheet taken by you and he has special knowledge of such decree in divorce proceedings wither in 30 or 90 days he can appeal against it, he has no business to communicate you now!. Next time tell him to contact your lawyer and if you want to stop his stalking then approach a Civil Court for “injunction Order” under special relief Act i.e. not to allow ex Husband to communicate with you in whatsoever manner including physical presence near your ordinary residence within an area of 500 meters. 

outside the court... when he haas heard that my parents are getting me remarried he is doing all this...

 i had been told its 45 days ... is it 90 days? pls guide...

i am from jharkhand.

Nehaji,

Whatever he is doing is illegal.  Your parents / your advocate, if you have any, should give him a strict warning to stop to communicate to you or you will be forced to give police complaint which will put him behind the bars.  Even then, he does not resist himself, you file a police complaint and he will be taken into custody.

Wish you best of luck. 

90 days.

1. This is too much self interpretation of DV Act by you ! It also shows that you donot want women to come out of litigations ever by suggesting if it is too much to handle now get back to court and file a DV Act
1.2 Has SC said anything about it till date? I asked this because you have special aversion of ex Jstc S.N. Dhingra and his ruling in Payal Malik Vs. Nagesh Malik case if I momentarily quote here to you and it is natural reading your posts that will not subscribe saying it is a single Bench and blah blah.
1.3 However, before you aim your guns let me also tell you that if you believe in your own above quote and unquote then all wife's cases which are on verge of settlement shall never happen because what a ex Husband will do with settlement / compromise / MCD when DV case she can always file till his death i.e. even after divorce and even after compromise and or settlement!
Now shoot my above says and / or reverse shoot me down via your prodigy @ Hema whichever you prefer.

you simply file the case for divorce to husband if you have not a happy life after marriage. Well whatever the views one takes from 90 days passing from date of decree you are free to re-marry and or carry forward with your life. Let him chase Courts to re-open the case. Once decree sheet taken by you and he has special knowledge of such decree in divorce proceedings wither in 30 or 90 days he can appeal against it, he has no business to communicate you now!. one can take is that though all necessary process of serving notice was followed but he intentionally didn’t appear and thus you got an ex Party decree.

At last i say you must have to create good relation like lovers for  long time passing years then only after that you will decide to merry.

By Thrust law group Phoenix personal injury attorney