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priyanka   20 August 2015

Exparty divorce

hi sir i got married on dec 2005 at that time my btech results not came .after marriage i came to know that i failed in 1 subject when iwas at u.s .In 2007 we came to my parents housse for delivery after delivery my inlaws came to u.sand started harrasing me for failing of exams and stayed at 3 months and they left  .I came to india for my daughter  function and wrote my failed exam and passed and i got degree certificate at 2007 and again me and my husband lead happy lifefor 2 years.And we came back to india finally on 2009 and i and my son stayed on my inlaws house for 6 months and necked me out of house.We done mediations for 2 years but of no use .On 2013 i came to know my husband took exparty divorce in 2010  by foregerying my signature and took child custody who is 31/2 baby for custody .Ifiled 498A on 2013 and i reopened the case in family court .He played tricks not taking notices meanwhile court allowed for delay condoned for 183 days. In 2014 he again married another lady stating . divorce order is valid .now my question is he is attending for family court stating that i hide my degree and harrasing him and came to india and wrote examfor that reason only he lost  job in us and came to india. please help me

 



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 9 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     20 August 2015

So imitially they were more bothered about the dollars u bring in US after UR btech.Unfortunately U failed in one subject.What was the reason UR FIL sent U out of the house after stying together for 6 months?

Your spouse doesn’t need your signature to file for divorce, but under some circumstances, he might use your signature to finalize your divorce. For example, he might draft a marital settlement agreement or an agreed divorce decree that includes terms that are very favorable to him. He might sign your name to the document and submit it to the court. If the court approves the agreement, a judge will sign it and you’re bound by its terms. If your spouse forges your signature and commits you to settlement terms or divorce terms to which you haven’t agreed, your litigation jumps from family court to criminal court.

If U were sure thst UR signature was forged U should have immediately filed a criminal case against him.If you suspect your spouse has forged your signature, contact your divorce court. As a party to the litigation, you can get copies of all the paperwork associated with your case. You can review the documents' signatures. If any of them are not yours, tell the court clerk.  The court clerk will be able to tell you what to do next and may schedule you to meet with the judge who granted the divorce. You may have to file a motion to vacate the judgment. If so, you may need proof that the signature isn’t yours, such as testimony from a handwriting expert.

I feel U were also not properly guuided by UR lawyer.


(Guest)
Originally posted by : priyanka
hi sir i got married on dec 2005 at that time my btech results not came .after marriage i came to know that i failed in 1 subject when iwas at u.s .In 2007 we came to my parents housse for delivery after delivery my inlaws came to u.sand started harrasing me for failing of exams and stayed at 3 months and they left  .I came to india for my daughter  function and wrote my failed exam and passed and i got degree certificate at 2007 and again me and my husband lead happy lifefor 2 years.And we came back to india finally on 2009 and i and my son stayed on my inlaws house for 6 months and necked me out of house.We done mediations for 2 years but of no use .On 2013 i came to know my husband took exparty divorce in 2010  by foregerying my signature and took child custody who is 31/2 baby for custody .Ifiled 498A on 2013 and i reopened the case in family court .He played tricks not taking notices meanwhile court allowed for delay condoned for 183 days. In 2014 he again married another lady stating . divorce order is valid .now my question is he is attending for family court stating that i hide my degree and harrasing him and came to india and wrote examfor that reason only he lost  job in us and came to india. please help me

 

Priyanka,

 

Earn money to take care of yourself.  and Save money for the future. No use pursuing this case.  You have woken up after a very long long time.  Better enroll yourself in simplymarry dot com and start searching for suitalble life partner.  Life is harsh, nobody comes out alive, better live life when you are alive. I know you are angry and want to teach this good for nothing a lesson, but Dont waste time, time and tide wait for none. All the best.

prabhakar advocate (advocate)     21 August 2015

@Priyanka, I wish you get a good legal advice followed by good presentation of your case before the courts to get you justice. In the given facts, S.498-A is not that much effective to put an errant husband at his rightful place. I do not know whether you have taken the following legal steps or not, but I wish you should take: 1. File a suit to declare the exparte decree obtained by your husband by forging the signatures and also impersonating you by another, is null and void. If any decree is obtained by playing fraud with the court, there is no limitation and at any time you can file this case. So file it right now. 2. File a private complaint against the husband for bigamy by marrying another woman on the basis of ex-parte decree, which was obtained by playing fraud with the court. This case, you directly file before the Magistrate instead of relying on police or police complaint. 3. File Section 125 cr.p.c. maintenance case. 4. If the child is staying with him, immediately file custody case along with interim visitation rights. 5. File domestic violence case against your in-laws and if your husband has also involved in any domestic violence make him also a party. Take care. Prabhakar - Advocate (M)9958670740 Legal Aid Panelist - Family Court (East District) Tis Hazari.

priyanka   21 August 2015

Try to add value to the discussion, with your each post.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 August 2015

Priyanka UR above reply is blank

SuperHero (Manager)     21 August 2015

@Priyanka - Okay your Husband has forged your signature and got divorce. I agree you are going through lot of pain and suffering.

You got married in 2005 and now is 2015. 10 Years have gone by. You can fight for the case as long as you can. But remember you have to spend lot of time, money and efforts for that.

Since things have gone beyond repair. Ask for MCD, get a good amount of alimony and If you want Child custody, get it. 

No point in romaing courts. Your EGO or Mind might say he did wrong to you and married someone else. Okay agreed. You want to teach him a lesson. Agreed. But during that process your time is also spent.

What goes around, comes around. 

Money Lost, Nothing is Lost.

Health Lost, Something is Lost.

Time Lost, Everything is Lost. 

Wish You Good Luck.


(Guest)
Originally posted by : priyanka
Try to add value to the discussion, with your each post.

Itni gaa nd masti tereko? Advice lene aai he ya dene? The right thing has happened with you. People like you deserve what you are undergiong.  Your attitude itself shows the reason behind all your problems.  God save you.

priyanka   22 August 2015

Quote Report Abuse
 
@Priyanka, I wish you get a good legal advice followed by good presentation of your case before the courts to get you justice. In the given facts, S.498-A is not that much effective to put an errant husband at his rightful place. I do not know whether you have taken the following legal steps or not, but I wish you should take: 1. File a suit to declare the exparte decree obtained by your husband by forging the signatures and also impersonating you by another, is null and void. If any decree is obtained by playing fraud with the court, there is no limitation and at any time you can file this case. So file it right now. 2. File a private complaint against the husband for bigamy by marrying another woman on the basis of ex-parte decree, which was obtained by playing fraud with the court. This case, you directly file before the Magistrate instead of relying on police or police complaint. 3. File Section 125 cr.p.c. maintenance case. 4. If the child is staying with him, immediately file custody case along with interim visitation rights. 5. File domestic violence case against your in-laws and if your husband has also involved in any domestic violence make him also a party. Take care. Prabhakar - Advocate (M)9958670740 Legal Aid Panelist - Family Court (East District) Tis Hazari.
 
 
 
SIR THANKS FOR UR VALUABLE SUGGESTION.
sir, my husband attending for family court and making objections on delay condoned for 813  days by the court as he doesnot receive any notice from the court and at that time  he is residing in bangalore ,without his knowledge court allowed for delay condoned (As we are sending notices to his house for 11/2 years not receiving notices and changing his address and giving different addresses in nampally, high court ,family court)
How will be next precedings? meanwhile can i file private case against him for bigamy?
how can i get proof for private case in bigamy ?did court give the divorce and forgeryed documents?sir please guide me?is it right time to put private case?
sir,please guide me?waiting for u r reply sir
 

priyanka   29 August 2015

respected sir,i filed DV case in lower court  against my husband 3  months back.He obtain stay at high court on all proceedings including  personal appearance to the court.Somebody told  that there should not be stay on DV cases and we can run the DV case.Is there any citation of judgements in this matter?.if so shall i vacate the stay in high court with those judgements.please help me in this matter. 


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