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Jaslok Gandhi (g)     15 May 2011

Ex-Parte Divorce help

I have filed a petition for divorce against my wife in Mumbai at Bandra Family court.

My wife is from Gujarat. Three dates have passed but my wife has not attended any of them.

The marriage counselor told me that court will do ex-parte divorce after 2 months.

However recently she has filed CRPC 125 against me in Ahmadabad Family Court claiming interim maintenance.

My question is

1. If I get the ex-parte divorce after 2 months, is there any time limit within which my wife get the same set aside in High Court?

2. What if she does not get it set aside within the prescribed time limit.?

3. Will I have to pay maintenance / interim maintenance even if I get ex-parte divorce?

Please guide as me and my family are very disturbed.



Learning

 6 Replies

Jaslok Gandhi (g)     15 May 2011

Someone please reply

Jaslok Gandhi (g)     16 May 2011

pl reply.

Jamai Of Law (propra)     16 May 2011

CRPC 125 maintenance is applicable 'whether divorced or not'

 

Nirupom Dutta (advocate)     16 May 2011

section 125 of C.R.P.C is applicable in cases of interim maintenance as well as regular maintainance perhapes wife filled a petition for interim maintenance.. so the ans of yr 3rd question is "yes"

same section provides that the petition for interim maintainance shall so far as possible be disposed of within 60 days.

is there any time limit within which my wife get the same set aside in High Court?is there any time limit within which my wife get the same set aside in High Court? ans -yes 30 days from the date of decree under family court act.  ok.

Jaslok Gandhi (g)     16 May 2011

thanx a lot for your guidance.

cud u pl tell me what wud happen if she does not get the ex-parte set aside within 30 days?

Also I did not understand the follg sentence

"same section provides that the petition for interim maintainance shall so far as possible be disposed of within 60 days."

pl pl reply.

Jaslok Gandhi (g)     16 May 2011

someone pl reply


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