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Author Topic: How long after Exparte-  (Read 29520 times)

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Offline rwf0606

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How long after Exparte-
« on: November 19, 2013, 05:53:35 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 advuma

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Re: How long after Exparte-
« Reply #1 on: November 19, 2013, 06:22:43 AM »
An ex party divorce can always be challenged...but your present wife cannot be harrased by your ex wife in anyway.... You did not mention where was she at the time of divorce and at present living
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline rwf0606

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Re: How long after Exparte-
« Reply #2 on: November 19, 2013, 10:09:13 PM »
Thanks for your reply. She was in mumbai as she had accepted the summons copy but had not appeared in the court and hence the exparte divorce. so her absence was intentional. How long does the law allow for the challenge since as per my knowledge the appeal period is 3 months. also She was working at the time of divorce with a handsome salary. If she is not working now which i am not aware of cant i take a stand that she must have intentionally quit her job to extract money from me now.  Am I still liable to pay any compensation/maintenance ? Also can she file any kind of cases like 498a, dv or any such cases now after 2 years of divorce?

Offline Pooja

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Re: How long after Exparte-
« Reply #3 on: November 27, 2013, 02:18:20 AM »
Section 13B of Hindu Marriage Act provides for a cooling period of six months on the first motion being moved, in the event the parties changed their minds during the said period. Accordingly, after the initial motion and the presentation of the petition for mutual divorce, the parties are required to wait for a period of six months before the second motion can be moved, and at that point of time, if the parties have made up their minds that they would be unable to live together, the Court, after making such inquiry as it may consider fit, grant a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. As such there is no waiting period provided under the Hindu Marriage Act 1955 for remarriage after the dissolution of marriage by decree of divorce issued by the competent district court, however there is a period of ninety days for filling appeal in the High Court against the divorce order passed by the district court.
In order to be on safer side it is advised not to remarry for ninety from the day of order, least the respondent goes for appeal under section 28 of the Act against the order for divorce and may get such order reversed thus nullifying the decree of divorce. To register under this Act, both the partners need to be Hindus. The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place. The marriage may be performed following any of the marriage rites and customs of both or either one of the parties and it is not necessary to marry in an Arya Samaj mandir. Alternatively, you can apply to the registrar of the place where either spouse stayed for at least six months before marriage. For proof of marriage, submit a certificate from the priest who solemnised the marriage. All the documents should be attested by a gazette officer. Lastly, you will have to deposit a fee with the cashier and attach the receipt with the form. Once the application has been submitted and the documents verified, the concerned officer will assign a date for registration, when the marriage certificate will be issued. 
Under Special Marriage Act, both the parties have to give a 30-day notice to the sub-registrar in whose jurisdiction at least one spouse has resided. Under Hindu marriage act, you register the marriage after the same has been solemnized, while under Special Marriage Act, the marriage requires only one month prior notice given to the Marriage Officer & after the expiry of this notice period, marriage presence of three witnesses, registration & getting the Valid Marriage certificate.
Adv. Pooja;

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