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Author Topic: After ExParte Divorce Decree, how to inform court for settlement done outside  (Read 2148 times)

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Offline mr.raj007

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I have filed divorce under cruelty grounds in India. She received the summons and her lawyer appeared for the first hearing and then never appeared till today. Itís now more than 10 hearings and now even the judge started indicating the status as ďno appearance by the respondent & Last chanceĒ. She did not even file the counter. Hoping it may go for an ExParte Decree. Even if she appears, I am very confident that I can get divorce as I have enough evidence of her cruelty and desertion.

1.   My Lawyer says the cool-off period is 30 days after ExParte decree and she can re-open the case any time. If she can re-open any time, then what is the meaning of cool-off period? Is there is any fixed time after which she cannot reopen? Itís a matter of my life and I donít like to be always under such confusion throughout my life?

2.   As my child is with her, I wanted to provide her with some settlement. If I provide such settlement out of the court, I think I need to register or bring this to the knowledge of the court as I do not want any troubles from her in the future. Can I register the settlement made or bring this to the knowledge of the court after the ExParte decree and cool-off period is complete?

3.   I am also concerned about my childís future. Now he is only 2years. I know as per law I cannot take the child custody. Is there is any other way after divorce decree I can take care of my child education, his future etc without contacting her?

Offline advsarmaroy

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Has your wife acknowledged. Receipt of the summons? Regarding your child maintenance u are responsible, which you have to bare, in ex-parte divorce the decree can be challenged anytime, provided that she has not received the summons
Advocate Sarmaroy
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