Masterrenuen18 (BPO) 21 September 2013

Exparte divorce given how to proceed on maintance?

I got married in 2010 august with a girl.After marriage, the girl stayed with me for one month and then left to their home saying that she got pregnancy. Then We were having telephonic communication for 1 more month then we do not have any kind of communication.

Exactly 9 months after marriage in june 2011, the girls father called my brother and told that the girl delivered a baby boy and asked him to convey it to me! When I went there to c the baby boy, the brothers of the girls father quarreled with me with out any proper cause/ proper reason and almost throw me away from watching the baby boy. Then I turn back to my home. After 2 months in sept 2011, the girl father, mother, fathers brothers totally a gang of 10 people came onto my home quarrelld again with me for unnecessary reasons, take all the girls belongings(such as cloths, some of the gifts belongs to girl, etc) then they left. I din t took any advantage of all these things and made myself silent to see what is going to happen. After 4 months, On Jan 2012, she filed a Divorce petition on me as well as a maintaince petetion to pay her Rs.15000 for her personal maintancce and 4 thousand for the baby maintainance. In this mean while I have resigned my job and stayed at home coz of all these mental pressures. I recieved the summons, and I din't attend the court for any trail as per a few advocates advice whom I consulted at that time. After a year in Jan 2013, the petition stands one sided and gave a judgement of Exparte Divorce and asked her to compromise on the maintainance part. Also the judgement has questioned whether the Respondant is willing to pay the asked maintainance ?

After all these incidents, I m waaked with the girl's behaviour, and not at all intrested join with her any more neither the boy.. even if she wishes to continue with me.

Now please advice me how to settle this matter legally to make this clear.

Please post all your valuble suggestions on this so that I can come out of all these headaches happening in my cool life since 3 years. I need to come out of all this sh*t and restart my life with out any hurdles again.

Thanks in advance !!!

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(Guest)

Repeated querry....

plz post one query of same text body at a time,give value to your query.

As per your same query the reply has been posted in your repeated query as below:

https://www.lawyersclubindia.com/forum/Divorce-over-how-to-proceed-to-settle-the-maintance--89017.asp#.Uj3cwX-9LFw

thanks & regards.

victim (master) 21 September 2013

There is no way to escape from maintenance to child. However you can defend your self from paying huge maintenance to your wife or ex-wife now by disclosing her qualifications, past employement and other capabilities to earn.

As in initial stages you evaded court's proceedings your case is really complicated. Hire a lawyer of good repute via reference and move strategically.

All the best.

Sarvesh Kumar Sharma Advocate (Advocacy) 21 September 2013

divorce and maintance both are differ issue and not co related !

Masterrenuen18 (BPO) 21 September 2013

In case, if I m supposed to pay some X amount of maintainance to baby boy, Shall I ask the court for a permission to see the baby boy and so that I can spend with the baby boy, say 2 days a month or something like that ?

T. Kalaiselvan, Advocate (Advocate) 22 September 2013

First try to set aside the ex-parte order against you in respect of the divorce as well as against the order of maintenance imposed on you. Later when the both the orders are set aside, contest the case stating that you want to live with her and continue the married life but it is she who is not inclined to return the matrimonial fold without any valid reason. In this case you do not have to pay the maintenance amount if you can prove your case. Engage a prudent lawyer and follow up things with proper procedures.

Masterrenuen18 (BPO) 22 September 2013

Is there any time limit for the set aside petition since it is an exparte order

ashoksrivastava (scientist) 22 September 2013

@author of the post. Time limit to set aside exparte decree under order IX Rule no 13 is 30 days from date of decree when notice has been served,

and30 days from date of knowledge other wise.

Decree can also be appealed against in HC within 90 days of date of decree.

Regards

ASHOK

Exparte divorce given how to proceed on maintance?

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