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Wife remarried, divorce set aside case is pending

Page no : 2

rahul (director)     30 November 2012

@RK

and if wife sign both motion 13b(1) and 13b(2)(after 6 month) and came to court with her parent and bro,,

then what..

mere saying  that and that,, will not do anything

judges are not fool.

judges insists and advice  on MCD to avoid further litigation.. how can MCD still attaract litigation 

 

rajiv_lodha (zz)     30 November 2012

And is it possible that u kept her parents HOSTAGE & POINTED GUN EVEN IN 2ND MOTION WHICH IS 6 MONTHS APART??.......

Have u heard any such case or hypothetical thinking?

1 Like

rahul (director)     30 November 2012

on the top of it, as everybody know... on each motion, after statement , judge call each party in his chamber to talk few words, ,,besically.. this is to know if there is anything going in the mind of any of the party,

 

Newpal (none)     01 December 2012

 

I came to know about the ex parte decree in 2010 only. I had enough evidences to show that no proper notice was served on me and that I had moved to another state and that I had informed her about it. I am not a law expert but I have read many case laws and I have been told by some lawyers that the time limit for filing set aside case starts from the day when the aggrieved party come to know about the ex parte decree and if the beneficiary has remarried than the marriage can be declared void also. In my case even after a delay of 500+ days my petition was accepted on the merits.

The case got delayed because of many reasons like delaying tricks by the opponent, retirement of a judge and gap of months in the appointment of new judge, absence, strikes etc. But the main reason was an application for maintenance u/s 24 of HMA. The judge ruled that only a spouse can claim maintenance u/s 24 and since the decree has not been set aside so far so she cannot claim maintenance. Even otherwise she wasn't eligible for maintenance as she is working and earning enough.

But in the chamber meeting, the judge asked me if I was willing to pay, I said yes and later I paid a mutually agreed sum.

rajiv_lodha (zz)     04 December 2012

The facts u stated are for exparte divorce......but all hue & cry here for MCD appeal

Avnish Kaur (Consultant)     04 December 2012

In case of Lawfully obtained  MCD there is no waiting period (party himself / herself knows if they kidnapped parents in law  LOL ).

In case of MCD or any divorce ex-party or contested , whatever is obtained by fraud (forged signatures /fake spouse , force or hypothetical kidnapping ) it can be challenged anytime in your lifetime

1 Like

Ranee....... (NA)     05 December 2012

Feeling Now MCD is like a market based investment after going through Avnish, 

no body knows how wll be next day


(Guest)

may i remarry with my husband after divorse

Adv. Chandrasekhar (Advocate)     07 October 2014

YES.


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