Mahesh 15 June 2015

Divorced Advice Needed

Hi , I have married in Aug 29 ,2010. The girl came joined my family after marriage she just stayed for 1 month and left me saying that she got pregnancy. Then she never turn back to me. After exactly 10 months that is on June 19 2011 the girl father called my sister (not me) and said that she gave birth to a baby boy. After then they filed a false divorce case on me saying that I have cheated them by torched her during her 1 month stay.(in this they have mentioned the baby boy also as petitioner along with the wife. They have also filed a maintaince case asking for maintenance of 13000 rupees for her self maintainance and 3000 for baby boy. As the case is a matter of cruelity, the lawyer advised me to not to attend the case. So the case stands exparte and they made a judgment as below. (1) Granting of Decree of Divorce (2) Maintenance asking the petitioner (the girl) to compromise and settle it with the respondent. Now recently I found that she has some illegal connections with some body else by going through her email chattings. And I got their pictures phone numbers as well. And also I observed that this relationship is going on since before my marriage, by going through all those chattings. I took a print out of all those chattings along with her IP address. I lost 5 years of my valuable life, I lost my job few years back. From last jan 2015 onwards, When I try to see the case details in the internet court website, someone has changed the case details with some false company name in the petitioner/respondent section. So now I have only the OP summan original copy in hand . Now I want to go for a fresh life leaving all this crap. If I want to go for re-marriage do I need to get the divorce papers in hand ?? What will happen if I go and apply for divorce judgment? Does it mean committing myself for paying maintenance ?? I don't think they will no way come to me with all the evidence in my hand. And also what will happen if I go for a remarriage without applying for any divorce papers ?? Please suggest Thanks Mahesh

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5 Replies

saravanan s (legal advisor) 15 June 2015

you have said that she got exparte divorce.when did that happen.was there any communication made from your wife side.

if you know the case number you can apply for a copy of judgement from the court.

you should have fighted the case on merits.just after a month of cohabitation it would have been difficult to prove grounds of cruelty by your wife

Mahesh 15 June 2015

By 2013 January the case was on judgment reserved state. I went to the court and took the judgment original copy and read it , then returned it back to the administrative officer in the court. He told me to apply for divorce papers if I want the copy of it. But I thought of applying divorce papers means commitment of paying the maintainance. So I don't apply for it. And NO further communication from them since after they went for a divorce.

Mahesh 18 June 2015

If they don't come to me can't I file a case against them that the marriage was happened against to the will of the girl and its a forceful marriage and pray the court to nullify the marriage ????

Mahesh 18 June 2015

If they don't come to me can't I file a case against them that the marriage was happened against to the will of the girl and its a forceful marriage and pray the court to nullify the marriage ????