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(Guest)

Rcr exparte received, but husband has divorce exparte. next?

i got exparte order in my favour under section codeofcivilprocedure 9 in my state in chennai this week. my husband has got exparte divorce order in hyderabad court one month back. what shall i do to get divorce cancelled? i am hearing it is very costly procedure and lawyers are not sure about success of reopening.  can i file domestic violence or dowry case? i have filed maintenance case 2 months back. i have 1 year old baby with me.



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 6 Replies

P. Venu (Advocate)     29 September 2016

You can get the expate divorce order revoked if there was no proper notice or any substantial reason.

whatnot   29 September 2016

Eventually it would be supreme court which will have to decide. You may have to appeal to his exparte in his state and it will involve you moving to Hyderabad.

 

Two states. Two different decree.. Lot of legal entanglements.

 

No point in fighting. By the time justice served baby will be sufferer.

 

Based on RCR claim maintainance. Win the case.

 

Go Dowry, DV,498A only if evidence exists. and only if you're a victim. Not for spiteful purposes


(Guest)

i have signed and recieved the divorce notice, and then filed the case under codeofcivilprocedure 9 in my state. however, he did not recieve notices sent by us. he moved out of the house, but he knows case is initiated and maintenace case 125 too.

 

my family friend is suggesting to file domestic vilonce case to get rights to stay in his parents house. he dont have house in his name. so case has to be filed on him or his parents? is this possible? is this to be filed in police station or court sir? will they arrest husband on DV case? what is the proof i need for DV case sir? i am currently in my mohters place with my daughter. thanking you......

whatnot   29 September 2016

You can acheive a little pursuing legal actions.

 

But here is what you can do.

 

With RCR decree, Go and stay with his parent's home. Take a maid along with you as you have small child. Let them intiate to kick you out of home. File at his parent's place. File an appeal to exparte divorce case along with copy of your RCR (as it is predated to his divorce) with a prayer for your and your child to stay until issues sorted out.

 

You live without creating any legal trouble. Maintain dignity. Don't file uncessary cases.

 

You don't have much of legal expertise or money to pursue. Unless part of well wisher is in a legal domain.

 

All advises are free. Including this. We bear no consequences of eresult of your action based on these advises. You will be sufferer


(Guest)

okay sir, thanking you.

A walk alone (-)     29 September 2016

No use of RCR after divorce. Try to move forward in life instead of dragging past. Nothing you will get if you appeal against that order. Only time and money waste in court. Better find someone else. Dnt listen people who are suggesting DV or other case. They are making you fool. They will only make your fun and watch your family drama

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