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Author Topic: GETTING THE EX PARTE DIVORCE ORDER  (Read 3616 times)

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Offline raj_kumar

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GETTING THE EX PARTE DIVORCE ORDER
« on: January 11, 2018, 04:22:53 AM »
If one of the Spouses (A) has filed the divorce case and the other spouse (B) did not appear for the arguments and if the ex-parte divorce has been granted, what is the procedure for the spouse B that did not appear in the court to get the ex-parte divorce order ? The case number is available.

Is that ex-parte divorce order valid for the other spouse also and for remarriage ?

If the child custody is with the spouse B and the ex-parte judgement does not state anything about the child custody, can spouse A ask for the child custody 2 years later ?

Please advice.

Offline advjaibansal

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Re: GETTING THE EX PARTE DIVORCE ORDER
« Reply #1 on: January 11, 2018, 07:31:54 AM »
If one of the Spouses (A) has filed the divorce case and the other spouse (B) did not appear for the arguments and if the ex-parte divorce has been granted, what is the procedure for the spouse B that did not appear in the court to get the ex-parte divorce order ? The case number is available.

reply - You need to apply for certified copy of the decree of divorce along with the judgments. Please tell your lawyer, he may do the needful.

Is that ex-parte divorce order valid for the other spouse also and for remarriage ?
reply - yes its valid for everyone. Both husband and wife. Yes its also valid for re-marriage for both the parties.

If the child custody is with the spouse B and the ex-parte judgement does not state anything about the child custody, can spouse A ask for the child custody 2 years later ?
reply - Custody petition can be filed anytime. It depends on the court, whether courts grants the custody or not keeping in view of the welfare of the children.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline raj_kumar

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Re: GETTING THE EX PARTE DIVORCE ORDER
« Reply #2 on: January 11, 2018, 07:55:03 AM »
Thanks for the response.

In this case, the child has not seen the father for 5 years now (father left the family when the child was 6 months old, he did not contribute anything basically towards the child at all). The ex parte order judgement has been given.

If the father files for the child custody and the child is with the mother abroad and doing well, will it still be considered ? If he asks for visitation rights and the child is abroad, will it still be considered ? How are such cases handled ?

Offline advjaibansal

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Re: GETTING THE EX PARTE DIVORCE ORDER
« Reply #3 on: January 15, 2018, 07:31:41 PM »
Dear Sir,

If you file for custody then visitation may be granted to you. If child is abroad, then you can travel abroad to meet the child as per the directions of the court. Court may not be directing to bring the child to meet you.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: GETTING THE EX PARTE DIVORCE ORDER
« Reply #4 on: January 18, 2018, 04:48:48 AM »

Dear Sir,

Child custody, an application can be filed any time but your stand will be weakened if not filed at the earliest point of time.

Pros and Cons:

A decree of ex-parte divorce can be reopened by the uncontested spouse within 90 days from the date of the decree.  However, if it is not reopened within that specific period, then the decree would become final and the marriage between the parties could be considered as dissolved.  Petitioner spouse can remarry to any other and would be valid in the eye of law.
Marriage between the parties would be dissolved by Decree of matrimonial relief by the way of Mutual consent divorce.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: GETTING THE EX PARTE DIVORCE ORDER
« Reply #4 on: January 18, 2018, 04:48:48 AM »

 

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