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Author Topic: How long after Exparte-  (Read 934 times)

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Offline rwf0606

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How long after Exparte-
« on: November 19, 2013, 05:49:00 AM »
Hi All. I had a query which is bothering me. I got married in May 2009 and my wife left my home within 4 to 6 months. She kept coming and going and meanwhile she took all her belongings with her on her every trip out. Finally I filed for divorce in Dec 2010 and inspite of being served notice she did not appear for any hearings and eventually I got an exparte divorce in Dec 2011. I remarried in 2012.
what is bothering me is that :
1.can my exwife do anything now
2. can she file any cases agains me , my family members or my present wife,
3. can she claim any kind of alimony / maintenance as she was working well during the time and i wasnt we got divorced. I dont know her present status but now i am working.
4. can i do anything to avoid her coming to my present workplace and create a ruckus as i have a very strong feeling that she might do something as i cam to know from a friend that she was inquiring about me.
5. am i liable to give in to any of her claims as I had clearly mentioned in my divorce petition that she has taken all her belongings with her including her stridhan, which she had received a copy but chose not to come to court.
 
Friends and well wishing lawyers please advice and help me with any precautionary steps that i need to take.

Offline mr.raj007

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Re: How long after Exparte-
« Reply #1 on: November 22, 2013, 02:12:52 PM »
If she creates a ruckus, try to be alert to make some evidence (Video/audio) and file a police complaint and also a case. As you already have exparte decree, you can also file saying it as contempt of the court.

Try to initiate some settlement outside the court and close the deal.

I am not a lawyer. Please wait for some legal advice.

Offline advocate-lyngdoh

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Re: How long after Exparte-
« Reply #2 on: November 22, 2013, 07:25:47 PM »
yes she can challenge the exparte decree, stating that she did not receive the summon.

Now it is upto you to prove that it is BEYOND REASONABLE DOUBT that she had complete knowledge of the summons served to her.

if you can establish this it will be no problems left for you.

against your present wife she cannot have any case, so no need to bother on that point.

about filing against you and your family she can but it won't stand, so she will be wasting her time.
Advocate Lyngdoh
Laitumkhrah, Shillong

 

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