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anshita (non working)     14 June 2013

Ex party divorce

I got married in 2007 and my husband start to beat me with his family members. so I leave his place and start to live in my father's place who is senior citizen and filed a case of maintance aagainst my husband but he never came on date and nothing reply come from his side atlast I filed divorce case againse him so he came and said that he has already taken exparty divorce in 2010 and decree was rasied in 2012 I come to knbow by his neighbours that he got married with other lady and has a baby boy I filed my complain in Mahila ayog Lucknow. They forwarded my complain in his city's ssp crime they called him he came with his lawyers and showed exparty divorce papers.

Now I want to know what justice will be done with me what I have to do to get justice and maintance. In kanpur lawyers are misguiding me that's the reason I can not do any strict action against him and the other thing I am leaving with my father who is 85 years old so I m not doing anything it is very difficult for me to afford lawyer fees.

Please hepl me show me the right and smooth direction so that I can get justice.

Regards,

Ansh*ta Chaudhry,

7388022784



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 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 June 2013

Whether you will get maintainance or not is a different issue... your husband may be a bad man we do not know ... But at this moment the most important thing you should do is to find out some employment and be self relient rather than just relying upon maintainance. What were you doing all these years untill ur husband got an exparte decree and also got a baby? How can all lawyers of Kanpur misguide you? If you cannot afford lawyer's fees, then instead of going after private practitioners why you did not go to the legal aid centre of your Kanpur court? Every court has a legal aid centre where free legal aid is given to the needy.


(Guest)

fail to understand how one can get ex-partee decree without knowledge of other party ?

can some one elaborate this malpractise so that other can save their skin.

Anjuru Chandra Sekhar (Advocate )     14 June 2013

Go to court and take out the documents of your case relating to exparte divorce and verify whether he had given your address correct.  If he had given wrong address because of which, the summons of court had not reached you, then it must be deliberate act of misleading.  In such case you can file a case of perjury against him.

anshita (non working)     14 June 2013

Respected Mam ,

I know employment is the main requirement of the time but my mother expired after 6 months of my marriage May 2008 after that my sisters were taking care of my father and home but my sister got married in 2009. now my father is very old he is at the age of 85 years so I cannot go outside of home for job for 7-8 hrs. So I am very much scared and worried about my future and life. I want to save my married life so First I filed maintaince casein 2011 but my husband never come in kanpur court neither any repy come from his side. At last I filed divorce case in May 2012. meanwhile I come to know that he got married with in sep end so he come on 3 oct court date and demand for time for his w/s and when judge gave me dt of 22 dec 2012 after the dt of 3 oct and he did not come on dec dt and next date was on 16 feb 2013. He came with his lawyer from gaziabad and filed his w/s without any attached document in w/s he mentioned that he filed case in july 2009 and he got divorce in 2012 and got degree in 2012.

after feb I m so confused and trying to get justice I dont know much about legal aid centre. Not all lawyers misguide me but all those whom I envolved in my case not show me the right way as I have already wasted 6 years of my life.

Regards,

Ansh*ta chaudhry,

7388022784

anshita (non working)     14 June 2013

fail to understand how one can get ex-partee decree without knowledge of other party ?

I am also not able to understand how it can be possible but he is saying and showing exparty papers to the sp crime although he has not enclosed his paper in the case with his w/s hope in the next date of 22 july 2013 he will submit but it is very clear he is misguiding the court as why he not enclosed the papers with his w's at 16 feb 2013. after that next dt was of 4 may that time here was strike so next date is 22 july in this way i m losing my time I have lost 6 years of my life and not assure when I wl get justice.

Regards,

Ansh*ta chaudhry

Shantilal Pandya ( Advocate)     15 June 2013

when yourself is ready and moved to take divorce , accept the divorce decree obtained by your husband  only consideration would be the maintenance which  you can claim 

anshita (non working)     15 June 2013

When my husband and inlaws beat me I filed my complain in Delhi cawcell in dec 2009.

Yes I know I can take only divorce but this is very wrong if u r not happy with your partner you should take seperation in the right way after that you can do whatever you want.

I m not exactly running for money if this happens I filed complain and many more cases against him as when I left my matrimony house I can filed FIR against him and his family memebers but I did nothinga as that time I want to save my married life that's the reason I start my fight with the maintance case but he never come on date when atlast i filed my divorce case he appeared in the court and want time for reply of w/s and after 4 months he submit w/s without attachemnt of divorce paper.

when I left home my all the things were there I want some money so that I can fight my case. As he did wrong he did forgery. I did nothing wrong that's the reason I m facing a lots of problem in court while he is having a good and peaceful life with his parents and his wife and baby.

anshita (non working)     15 June 2013

I want divorce but not this type of fraud divorce. andfrom feb 16 till  that's the thing that date he has not filed divorce paper. He just trying to make my life hail and he is successful in his way. If he has taken the divorce why he not mentioned all this things in 2011 so that I can save my time.

How can this thing justify that marry and tortured and when she left home just take exparty divorce silently.

anshita (non working)     15 June 2013

Tell me what the relief you can supposed for me from my husband at this stage when he has second marriage and a babyboy.

MOney can not give me the a good life as he is having a good life with his wife and boy.

Tell me what should I do. I NEVER WANT MONEY. what is the thinking money. Money can not give me back my 6 years of life. What else I can obtained. Reply me pls

Adv Archana Deshmukh (Practicing Advocate)     15 June 2013

You  have already wasted 6 years of your life.... how many more years you want to waste now? there is no end to it... you can challange the decree and go upto the SC, but what you will gain? You cannot get back ur husband as he is already remarried now. you say you do not need money then what is the point in doing all this...?? You have suffered a matrimonial trauma, but it is clear that you have taken late action and its too late now to patch up things... Some times it is better to accept things and let go... and move ahead with life. You can still challange the decree and keep fighting to teach him a lesson, but in the end what you will get? Whatever you wud get, is it worthy at the cost of your whole life?? Get remarried and be happy, find out some employment and help your father financially. You can keep your father at your home or keep a maid to look after him. But first of all go to some councellor and get some councelling done to overcome the mental trauma.

Regards,

Adv. Archana Deshmukh

anshita (non working)     15 June 2013

Res madam, Thanks for guiding me as a good human being all are giving me the same advise I also want to comeout from this mental trauma but my self coinciousness not allow me to take back my feet. That A man married and start to torture me and get remarriage without my knowledge and leading a good life while I have lost all the things he has my all belongings which I got from my parents. I offently thinks if I will leave him without any punishment he will do it again. I try to comeout from all of this but helpless. I think offently Is my senecerity became the punishment for me. Is this the right thing in law that if a person take exparty divorce what should the other party do should she sit calm and try to takecare her rest of life.

(Guest)

Why don`t you also get married again?You say you want divorce,then what`s the problem?Trying to punish the husband is a fool`s game.Once word gets out that you tried to do that,your remarriage chances go down considerably.


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