• Ex parte has decree dt of 10th Nov and signed on 28th nov

Hello Sir/Mam,

Me and my exwife have been separated since early 2013.in mid 2013 I had filed for divorce from my wife under special marriage act.Due to differences, etc. We have 2 children aged 10 and 7 both boys. She left the children with me and went on to live with another man. She used to frequently call and threaten me. She also used to call children and visit maybe 2 or 3 times a year. She never disclosed her address to us as she felt this could go against her. After numerous notices went un served ( he last residing address ) due to us not knowing where she stays, my lawyer took paper publication and exparte decree was awarded to me with custody of children with me.

Question 1. My decree date says 10 Nov 2016, However it is signed by judge with seal on 28th of November2016. From what I understand is that There is a 90 day period in which my ex can appeal . Should I consider 90 days from 10th of Nov or 28th of Nov ?

Question 2. After the the children living with me and my mother ( their grandmother ) for over 3 yrs. Due to the brain washing my ex wife did over phone and in person. The children want to be with their mother now. In January my ex has taken the children saying that she cant live without them. So I thought in their best interest and sent them with her even though the decree says that I have custody of the Children and also agreed to pay 15k each month for their schooling. Now my ex is again not disclosing her address. What I know is she is in chennai now living with another man. And to make it worse is demanding for more money, stake in my mothers property and threatening to go to police, media and issuing death threats. How to handle this ?
Asked 7 years ago in Family Law
Religion: Christian

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

1) 90 days would be counted from 28/11/16

2) wife has no share in mother property

3) wife guilty of adultery is not entitled to any maintenance

4) gather evidence of her adultery by contacting a detective agency

5) record her threats . file police complaint against her under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

yes you can record her threats by voice recorder

2) you can file complaint even now . no need to wait for 90 days

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. 90 days is to be computed from the date of signature of the judge i.e.10.11.2016.

2. Since the lawful custody of the children are with you , their custody can be claimed by you again.

3.You are not bound to give money what is demnded. Send money as per the actual expenses of the children. if your wife likes she can go to court but to not succumb to her illegal demands.

4. She has no right of share in your proeprty or that of your mother.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. From 28th of Nov to 90 days.

2. Wait till the completion of 90 days and then file a criminal complaint against her if you want your children back.

If the children are not willing to live with you then it will be better to live it and live your life happily.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

The computation of 90 days will begin from the date of receiving the copy or date on which the decree was signed.

You need not send the children against the court order for custody with you, this is legal position. For sentimental issues law has no answer.

She cannot demand share in your property or your mother' property.

If she threatens that she will approach police, ask her to proceed, you can get the decree copy with you and take it along if you are summoned by police.

You can also lodge a counter case agaisnt her for threatening you.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

You wait for her to g to police and then decide how to handle it including a complaint from your side against her.

Next time dont pick her calls if she continues to threaten you over phone.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer