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Rajagopalan (Personal)     11 September 2014

Ex-parte divorce risks

Hello,

Here is the situation and i am seeking for some advise from experts.

I got married on Jun 2010. I have some male issues which i informed to her before marriage, as she was not interested in s*xual life at that time she agreed for marriage. We worked in different places, so we lived separately for most of the time. In 2013 her parents convinced her to have a child. We tried few times and failed to have intercourse. After that we consulted the doctor and he suggested to go for the surgery in my male organ. But i am not interested in that. So her parents decided to go for the divorce.

I said we will go for the divorce by mutual concern, they did not agree as she need to appear in court twice. Then our lawyer suggested them to file the case and told me not to contest, so they will get ex-parte divorce. But they did not agree as she need to appear in court once for ex-party verification (they told that's the reason, but i was not aware their intention at that time). Then our lawyer suggested me to file the case and requested them not to contest. They agreed.

So i filed the case on Nov 2013 under the ground of desertion and also explained about my male issues in the petition , and the copy of the petition were sent to her by person by court. She received the petition and did not came to court for any hearing or to contest. After coupld of hearings judge called me for ex-parte verification for which i appeared in court in Mar 2014. After that the judgement came in Jun 2014 and i have received the copy of those papers 2 weeks back. They also filed the request to get a copy of those papers through their lawyer who did not appeared in court for hearing or for contest.

As far as the settlement concern, initially they said they will give all the jewels we put for her and we suppose to return the jewels received from them. But at the end they dont want to give any jewels we put for her, and they also taken the jewels they gifted me during engagement and wedding. Other than that some of my other jewels which my family people gifted were with them and they have not returned. I have given some money in initial 2 years and she is also working from beginning, i took some money from her and i paid back in Aug. So they kept all her jewels and my jewels and i have paid them some money as well in 2010 to 2011.

Now they are thinking that i am going to get married to different girl and i am telling rubbish things about her to all my relatives and they are mad at me, they went to my village and told about my male issues to few people there and they called up all my relatives and told rubbish things about me..i never reacted for any of these.. And they are really talking very harsh on me and my parents. Now i realize that they did not want to go for mutual consent divorce or file the divorce case because they want to have the control in their hand for ever... 

Now she and her parents threatening me by telling that they are going to re-open the divorce case, 50 lakhs alimony etc., I am not sure what kind of legal actions they can take against me now? i am working in abroad and currently not in India. I dont even understand their intention, but somehow they want to keep torturing me..

Now my question is, to have a peace of mind what should i do? there is no legal life settlement agreement between us and nothing mentioned in the divorce case petition as well. As she was not interested in marriage life initially, i dont think she will go for second marriage. In that case i have to always fear about this throughout my life? What is the permanent solution to be safe and not disturbed by her?

I understand i did the mistake by marriying her while i have the physical issues with me and she was ok with that for about 3 years, after that it started all. But now a days i am being more worried about their torture. Can you please suggest what to do have the permanent solution?

Thanks.



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 1 Replies

Hardeep (Business)     11 September 2014

1) Unless the case is heard " in camera " all it's details are in public domain.So your "male issue " is already public since you yourself put the same in your petition.

2) An ex parte divorce decree can be appealed against within 90 days. If that happens, there is no divorce yet and case proceeds further.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.


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