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nirmala (housewife)     19 May 2015

Ex parte set aside

Hi,

My husband got ex parte judgment against me on Nov 14.I realized the faults from my side and want to restart my life with him.but he refused to re live.what can I do further?  To re start and relive with him . coz of this I refused to show my kid to him more than one year. Pls suggest me to start my second innings or how can I stop him to re marry or getting compensation. Now he is un employed. And we belongs to roman catholic Christians

Regards,

Nirmala

 



Learning

 14 Replies

sandykrish (Interested in Family LAW)     19 May 2015

Nirmala, you lost the opportunity many crows are available in the marketplace try to find one of them.

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bhrvi   19 May 2015

r u serious abt wht u say ??? thn dont need to come here instead approach ur elders whm u hv trust. may god gv u happy married life. wish u happy married life ahead.

saravanan s (legal advisor)     19 May 2015

you can file a set aside petition with the valid reason for non appearance in the proceeding.it must have been done within three months of getting the exparte decree or from the time it came to your knowledge.but this will allow you only to contest the case again.if you want to join him again just go to him and talk to him openly,try to sort out the differences and start a fresh life again

nirmala (housewife)     19 May 2015

I tried all my wyas to compromise him.even I refused to show mu son to him I was expecting him that he may come down if I m not showing my son  but after that only he aggressively efforted for divorce. He not even ready to hear my words for compromise and he thereats us to file a case against my brother and !other for not showing my son.we are very much afraid of his legal actions. Pls let !e know to avoid such kind of legal actions against my brother coz he is working in a it concern and my husbands fully targets my brother only. 

Can I file dowry and domestic violence case against hiim?

nirmala (housewife)     19 May 2015

I myself closed all the doors when people come from his side for compromise.? I refused to show my kid to him that arouse them a lot so they are not interested to speak with me and my side elders. And we are not that muxh rich to open this case .around 180 days had gone  after this ex parts judgement.really I don't know what I have to do.? He simply said that he is not entertaining the  in official talks outside the court .he said to come thru court proceedings only.

 

saravanan s (legal advisor)     19 May 2015

you cant file dv case against him as you are legally divorced from him but you can file 498a on him for it can be filed even after divorce.in case if he issues unnecessary threats on you then you can counter him with 498a.as far as child custody and visitation rights are concerned he can file petition in court but he cant put you in jail for not allowing him to see your child ( i hope you understand ).you can also ask for maintenance under sec 125 crpc to maintain yourself and for your child.he is bound to pay even if he is not working

Dr J C Vashista (Advocate)     20 May 2015

@Nirmala,

You have already lost the battle, try to convince him through some friends, relatives or elders. Even your son can be an instrumental in reuniting you through their meeting (father-son meeting).There is no harm in reconcilliation except the ego problem/hurt of both of you.

Santosh kumar (lect)     20 May 2015

Madam 

From my expereinces in similar issue, Please don't file any 498a or DV case . This will make matter worse. If you have deserted you need to approach and fix it. 

Approach anyone of the family members of your husband and try to build trust with them and ask him or her to intervene. And yes be determined.

Dr Vashista is right. you child can really help. Go for those discussions with the child, talk about your concern about childs future.

T. Kalaiselvan, Advocate (Advocate)     21 May 2015

The option available before you is that you can file a petition to set aside the exparte jugement with a cndone delay application under section 5 of limitation act. Consult a good lawyer in your locality and proceed.


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