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Chetan Singh (SE)     26 August 2011

Regarding null and void

Dear Lawyers,

I got exparty my marriage null and void. since my ex-wife has cheated me being as a already married with her first lover some 5 years back and he ditched her.
Now what precatuitons should i take :-

1. when i go for next marriage.?how many month after date of judgement?
2. can she ever claim maintaince or false cases ?
3. can she ever claim any property claim on me?
4. since this is exparty so is there any clause that i should crooss verify in the judgement sheet?
5. till how much time ,i needs to sit quite so that she cant reopen the case or anything which may me in trouble?

please advice.



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 August 2011

Your wife is now divorcee.she can claim maintenance but cannot claim any share in the property.


(Guest)

she cannot claim maintenance.  Since the marriage is declared null and void.   since it is exparte one there are chances to set aside the same.  Don't worry marry another girl.  after that if the decree is set side or dismissed it will not affect the second marriage or any criminal prosecution.  Crete marriage records properly 

Sanjeev (Lawyer)     26 August 2011

Is she aware about th Ex-party was the summons served or this was obtained without her knowledge?

Chetan Singh (SE)     26 August 2011

Thanks everybody,

As per S.Ganeshan ji, you are asking me to create marriage records properly for my next marriage right?
If yes ,I will register my second marriage in court. 
Is there any time period for waiting like 60-90 days after judgement date?
 

As per Sanjeev , Is she aware about th Ex-party was the summons served or this was obtained without her knowledge?
Yes summons was served but she is unaware of exparty. 

Chetan Singh (SE)     26 August 2011

Since she is not aware of this exparty,
so I know as she shows every where our arya samaj marriage certificate to prove our marriage so can i also show my null and void judgement sheet every where that I am not now her husband?like police station, mahila ayaog,kiran bedi and so on?

Can she create any drama in court if yes please tell me in adavance that what should  i take extra precations step to avoid any problems that may she creates?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 August 2011

if she was married before, this marriage is void ab-initio, i.e. from the very beginning. Did she not contest and notice was formally served. If this was the case, I am answering your queries

1. when i go for next marriage.?how many month after date of judgement?

Anytime you wish.


2. can she ever claim maintaince or false cases ?

She can not claim maintenance. And for false cases, as the term suggest FALSE, there can not be any avoidance from that. When you want to file false cases, there is no limit to ingenuity.


3. can she ever claim any property claim on me?

NO


4. since this is exparty so is there any clause that i should crooss verify in the judgement sheet?

If notice was served formally, you don't need to cross verify anything. If notice was not served.... then even this is not a valid decree.

5. till how much time ,i needs to sit quite so that she cant reopen the case or anything which may me in trouble?

:) wait for statutory 90 days in that case.

Chetan Singh (SE)     26 August 2011

Thanks so much Shonee ji for giving advise. I will keep quite for 90 days.


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