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Arjun Ganesh (Individual Contributor)     22 April 2012

Next steps exparte divorce

My wife file divorce and I did'nt contest (living abroad) and received exparte divorce on cruelty  sec 13 (i)(ia).

History: I have a 498a FIR, no chargesheet yet.  125 order passed 2 yrs back to pay RsXXXX/month towards maintenance.All summons and notice send to my work email as they don't know my address aborad.

Need advise on next steps? exparter granted around 45 days back

1) SHould I apply for Set aside of Exparte divorce now?

2)Or have plans to apply, come to India and appear in court for 498a. SHould I apply for set aside when I came to India?

3)What the time interval given to Appeal/setaside after exparte granted?

4)Does summons sent to work email addressvalid? Lower court is accepeting it.

5)WIll have any issues as I am not paying monthly maintenace.

6) I understand 498a and divorce are different, will the crutelty ground of exprate help Ex-wife with the 498a?

 

 



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Arjun Ganesh (Individual Contributor)     23 April 2012

Wife filed divorce and I did'nt contest (living abroad) and received Exparte divorce on cruelty  sec 13 (i)(ia).

History: wife filed 498a FIR, no chargesheet yet.  125 order passed 2 yrs back to pay RsXXXX/month towards maintenance. All summons and notice send to my work email as they don't know my address abroad.

Need advise on next steps? Exparte divprce granted around 45 days back

 

1) Should I apply for Set aside of Exparte divorce now?

2)Or have plans to apply AB, come to India (within a year) and appear in court for 498a. Should I apply for set aside when I came to India? Reason I can tell court that summons were not served (email were only sent) and I only know about divorce after coming to india.

3)What the time interval given to Appeal/setaside after exparte Divorce is granted (is it 30 days/90 days/ XXX days)?

4)Does summons sent to my work email address valid? Lower court is accepting email address.

5) Will I have any issues as I am not paying monthly maintenace. Can I appeal for maintenace when I take AB and come to India?

 

6) I understand 498a and divorce are different, will the crutelty ground of exprate divorce FAVOR Ex-wife with the 498a?


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