Pardeep Singh 25 February 2017

Respondent husband ex party from divorce case (section 13)

Hello Friends,

My wife was left me along with my premature child who remains ill and filled divorce petition under section 13 in session court Ambala Haryana in 2014. Since last 3 years i have tried enough to convince not to do so and come back, but she never turned around.

Also she never ask any time weather the child dead or alive. In last January i have meet with her along with their parents and tried to convince for Mutual Divorce and they refused to do so.

Secondly i tried if she really want divorce then we can move joint settlement / Compromise as Exhibit and court can easily grant decree, but they refused to do so.

On the next date i proceeded my self Ex-Party with hope that court can easily gives him decree and i can remarry again as my child has started going to school.

My question is that if court decide this case by granting decree as i am already proceeded my self Ex-Party on upcoming date in next month, Can i have to wait for 60 or 90 days as appeal period / waiting period. Being respondent in this case i am not going for appeal because i want remarry again for the betterment of my child.

Please Advise ??????

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5 Replies

(Guest)

In case if she does not appear, court will pass divorce orders. There is always chance for her appearing last moment or even on date of order and give application not to grant divorce. However if divorce is decreed... still she has opportunity to go to High Court within 90 days from date of reciept of certified copy of divorce decree.

(Guest)

You are simply contemplating without any cause. Let divorce be granted. Then you contemplate. You have nothing on hand why so much tensoin? Wait till court passes divorce decree in favor of you, then think about remarriage. Anyhow she can go for appeal in HC within ninety days from date of rcving copy of divorce decree,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 25 February 2017

It seems you are proceeded ex-parte and the divorce so granted would in favor of wife and against you. In any case, even if you contemplate no appeal against the same, you would have to wait for 90 days after passing of decree of divorce to remarry. As she can still appeal despite decree be in her favor on certain grounds.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 February 2017

Dear Querist

Its depend on her, if there is any order passed by the court and she is not willing to accept that order then she may file an appeal against that order, in that situation, you have to wait till the period of filing appeal and if opposite party is not going to file an appeal then there is no bar for solemnized the marriage by you.

Feel free to call

Pardeep Singh 25 February 2017

Dear Nadeem Sir,

Please make light on my point;

She want divorce by making cruality ground and she sposed to have decree as respondent proceded Ex- Party. Now on what ground she move HC for challenging the orders that she wants from very first day ????

Another question in her section pettition she only desired Divorce not any financial compensation ????

Please advise