Hii my name is siva... my wife is having bipolar disorder physiological problem .. at the time of marriage they didnt told me this matter .. she will be very violent and very scary in night time ..As I was not able to manage her I aplied for divorce in andhrapradesh. . she took summons and didn't attend in court .. After 3 notices the family court has seeved Ex-Party divorce to me.. I received divorce on 4Nov 2016 .. now what rights she is having agains me .. does she have rights to file any cases against me .. what is the value of exparty diovrce ... While filling case in court i have submitted her health reports which clearly says she is physiological. .
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1) your divorce decree has become final as wife has not filed any appeal within period of 3 months against exparte divorce decree
2) your ex wife can claim maintenance from you
3) however no DV case is maintainable as there is no domestic relation ship
1. Since the decree of divorce was passed ex parte your wife can file proceeding to set aside the decree in the same court or prefer an appeal.
2. If she remains unmarried then she can file case of maintenance for which you will be liable to make monthly maintenance as long as she does not get a job or remarries you will be liable for her maintenance.
if she does not challenge ex-party order by filing racall application within 90 days from the date of decree then this ex-parte decree will become effective. you can solemnize second marriage after expiry of 90 days.
1. You have already received the decree of divorce from the Court of law.
2. She had the opportunity to appeal against the said decree before the appellate court within 90 days from the date of the decree which she has already missed.
3. Your said divorce is confirmed and you are free to marry now.
4. She and/or any body can file any case against you or anybody which shall have to be contested fittingly.
5. She can still lodge a police complaint u/s498A of IPC but it will be difficult for her to prove her allegation against you now.
Though it is an exparte divorce your marriage with her stands dissolved as on date
She has no rights as wife
But she can file maintenance case and also she may file restoration petition to set aside exparte decree
If she can challange the ex-party decree ... when the ex-party decree will rrally valuable ... recently she called me and told she will go to my hometown itseems ... I told her that she don't have any rights to come to my hometown .. I said I'm ready to pay maintanence ... does the phone conversion happend in laSt week I'll create any problme for me.. if she wants I'm ready for settelemt .. discussing with her regarding settlement will create any problem for me...
1) after divorce your ex wife has no right to stay in your house
2) in case wife claims maintenance you should comply with court orders
3) don't talk to your ex wife at present for any settlement
No doubt until she is taking steps to set aside the exparte decree of divorce she will remain divorced.
There is nothing wrong in your conversation to her regarding the offer for a permanent settlement.
1. She has the opportunity to challenge the decree of divorce, whether ex-parte or contested, before the appellate court within 90 days from the date of passing the decree which she has not done. Hope you have already informed her about the said decree of divorce.
2. So, she can not challenge the said decree of divorce now since the limitation period for her challenging the said decree is already over.
3. It will be prudent on your part to settle with her an amount which she will accept as compensation or one time maintenance amount from you.