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Arjun Ganesh (Individual Contributor)     25 February 2014

Ex-parte to mutual divorce?

I live  abroad. Cases in State of AP
Power of Attorney to my father
 
Events
 
June 2009: 498a
 
Dec 2010: Ex-parte divorce decree for maintenance Sec 125 
 
March 2012: Ex-parte  divorce decree
Ex-wife file for Divorce. I did'nt contest/was not summoned
 Ex-parte  divorce decree Mar 2012 (more than 2 years old)
Seperated for more than 5 years from Nov 2008
 
We had verbal talks for compromise and in process of preparing for MOU.
 
Here are steps planned as per MOU
 
1)quash 498a in High court of AP with reasons as in MOU
 
2) Ex wife go to Lower court  where maintenance case ex-parte decree..show the MOU and file a memo. Get an order as final amount mentioned in MOU
 
3) Ex-parte Divorce? (***Need ideas on how to proceed***)
how do convert Ex-parte Divorce to Mutual consent 13b  on the same day/week without waiting for 6 months? (Phase 1 and Phas 2 motions)
 
if I can't convert Ex-parte Divorce to Mutual consent and I am thinking of not to wait for 6months for 13b Mutual divorce.
Does the leaving the ex-patre decree (as it is but adding statements in my MOU like this saying that is final and acceptable for both parties)
Will leaving ex-parte divorce decree cause any harm in future?
 
+++++++From MOU+++++++

A.    The first party filed also filed H.M.O.P No 6/2011 in the court of XXX for obtaining Decree of Divorce and obtained an Ex-Parte order on the above mentioned case on 6/3/2012.  

B.     Both Parties covenants each other that the Decree of Divorce binds on each other and undertakes not to prefer any application on the said H.M.O.P.6 of 2011 and thus it becomes final and acceptable to both the parties

++++++
Thanks,
Arjun


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