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RD (Accountant)     24 September 2011

Ex party annulment

Please help.

 

I got married in Dec 2009 and filed a case for annulment due non consumation. The girl and her family was aware of the case and all the summons were sent to the girl's address. I have hired a lawyer on behalf of the girl per her wishes to expedite closing the case. In May 2011 the court passed exparty annulment order/decree (due to non consumation) and due to absence of the girl and her lawyer. The same day in the evening the order was passed, the girl has signed an agreement with me in the notary paper clearly mentioning that she has received X rupees towards full and final settlement.

Now the girl has reopened the case mentioning that i have committed fraud and that she was suppose to receive Y rupees more than the X rupees already received by her. She also mentioned that she was not aware of the case and she never received the summons and mentioned that the remaining amount was to be received in cash as that was my preference due to some tax issues.

Now she is ready to settle the case for a certain some of money. Should i pay more money or fight the case in the court. If paying more money is a preferred option, what is the method of paying more money so that this becomes full and final payment. Or is there any other option? my priority is to settle this asap. Saving money is not the priority. thanks and many thanks for helping!



Learning

 2 Replies

Advocate M.Bhadra   24 September 2011

Ex-parte decree may be set aside by the court on condonation of delay, agreement between your wife is void.You should contest the suit for annulment of marriage on nullity ground which you have already filed and pay alimony/maintenance as per advise bt the court.If you like to avoid lengthy process of law then you can file a suit for divorce on mutual consent.

RD (Accountant)     24 September 2011

Many thanks

So Mutual consent sounds good. But if the girl can accept all facts mentoned in my annulment case on which i got ex part decree - then i can get consented annulment of marriage decree from the court. Which is the fastest and best option we have.

 

Thanks


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