Hii I got registry marriage a girl in 28 February 2015. Now i got divorced on February 2017 as xparte and she was getting known all these things on September 2017. With some emotional touch we had a relation and she became pregnant on august and we both know about pregnancy on 15th October 2017. Now she got a clue against me to harass me always by telling that, i can sue a case on u because i am pregnant now and he xparte divorce can cancel and you are bound to stay with me or i can go to my in-laws place. Is there any possibilities to sue on me or am i bound to keep her with me ? But i don't want to keep her with me any ways. Can anyone suggest me in details, what would i do ?? and what could i take further actions ???
Your wife will file application to set aside exparte divorce if she had not been served with summons
2) in interest of justice court would set aside exparte divorce
3) you continued to have physical relations with your ex wife even after divorce
4) she can file case of rape against you
Well, pregnancy itself will not nullify the divorce automatically but yes if your wife files case for setting aside the ex parte decree the issue of pregnancy will help her.
Ig was wrong on your part, both morality and legally, not to officially inform divorce to her.
Now if you remarry her that would be best for all three of you. You still have love and affection for her. So don't hesitate to remarry her once again.
She's right about it! Since the divorce obtained by you is exparte, if she applies to the Court for setting aside of that exparte divorce, the Court will not hesitate in recalling that order and would direct a re-trial.
She can book you for rape as you've sexually exploited her even after the divorce, despite having the knowledge about the same. Whilst she was unaware of the fact that you've already obtained exparte divorce.
Basically, the ball is in her Court. You can only politely persuade her to go for abortion.
Dear Querist
as the divorce has been granted ex-party and after that you make the physical relationship with her and she is pregnant now, so it will be better for both of you that she should file an application for set aside the divorce order after filing an application Under Order 9 rule 13 of Civil procedure Code-1908.
if you don't want to live with her then the question will be raised by the court or police then why did you get physical with her after divorce, she presume that you are her husband and make the relationship with you even you did not informed her about the ex-party divorce because as per your information she get information on September 2017.
if she wants then she may be filed a criminal case against you under section 376 of IPC read with section 493 of IPC and you may be prosecuted for the same.
It will be better to settled the matter with her and tried to live life happily and forget the past, now there is also a question of future of child, if later on both of you are not willing to live with each other then file mutual consent divorce Under section 13B of Hindu Marriage Act-1955.
Feel Free to Call
Hi, she can definitely take a criminal action against you , as you had physical intetcourse with her after giving her divorce ... It is advisable to settle the matter amicably and by mutual understanding
Q 1. If we will abort the baby, is there any action further taken by her ? Q 2. And If i will marry another girl now.. Is she sue DV or maintenance or Set aside ex-party or send me recall notice or i will go for punished by law (tell me answers with reasons please) ?
Hi, abortion is another criminal offence.. The offence amounts to rape
In this condition divorce decree cannot be cancelled. You both are adult person and you have established sexual relationship with free consent. If she became pregnant then the child would be a legitimate. On the basis of pregnancy she cannot file a civil suit for cancellation of divorce petition. There is no possibility to sue you or initiate any criminal proceeding because it is settled law that sexual relationship with free consent of parties is no offence. But you have to pay maintenance to that child under section 125 of the CRPC.
Abortion for saving life of mother is no offence. If you marry with another woman then she can not file any complaint under Domestic Violence Act because she has not been living with you in shared household as a domestic relationship .
It is your wife call whether she wants to have the child or abort it
2) if you remarry your ex wife can file petition to set aside exparte decree
3) seek maintenance from you
4) file rape case against you
Pregnancy alone will not set aside the decree but if your wife move an application for setting aside the ex-parte decree then the court will consider the said fact and in the interest of justice might set aside the ex parte decree .
If you have not told her about the divorce then your were wrong and she might file a case of rape against you.
Abortion is legal within 20 weeks of pregnancy, but in my advise I would advise you to settle the matter and start living mutually.
Regards
Since this is an exparte divorce, she can file a petition to set aside the exparte divorce anytime and she may even file a petition under section 5 of limitation act to condone the delay in filing this set aside petition.
If she quotes that she was pregnant at the time of passing the exparte order, the order will be easily set aside by the court and your divorce case has to be prosecuted once again from the beginning.
Q 1. If we will abort the baby, is there any action further taken by her ?
How can you abort the child without her consent, in fact your pressure to ask her to abort the child will lead to more complication to you including a criminal complaint before police.
Better do not try any such gimmick.
Q 2. And If i will marry another girl now.. Is she sue DV or maintenance or Set aside ex-party or send me recall notice or i will go for punished by law (tell me answers with reasons please) ?
If the period of 90 days has expired then you can go for re-marriage.
Setting aside the exparte decree or filing a DV case is her right or decision.
1 no
2 Though DV can't be filed after Marriage, maintenance can be claimed. Once she gets the baby aborted, there can be no problem for you. If she's doesn't, she may apply for recall of the exparte divorce at this stage.