Options after ex parte decree
My husband has obtained an ex parte divorce on 17th july 2018 in uttarakhand, the notice for which was sent to my parents' address in Ghaziabad who don't live there anymore. I live in Delhi and hence had no knowledge of the case. I was married on November 2011 and left my marital home in july 2016.
Due to financial constraints and poor legal advise I filed for divorce instead of any other case which is still in service of notice stage but now that the other party has been granted ex parte divorce, my case is pointless. Any suggestion on what options are available to me now are welcome keeping in view the following:
1. I filed divorce on grounds of cruelty while the other party obtained divorce on frivolous grounds like refusal to take care of wifely duties, wanting to live at parents' house with husband etc. Notice sent twice, no newspaper publication.
2 .All my jewellery and belongings are with them. My parents have severed ties with my (Stepmother). Making do with on and off tution classes on Delhi.
3. During my stay there, I had undergone several incidents of physical, mental and financial abuse including two miscarriages.
4. Can I stop ex-husband's remarriage somehow? I've been told set aside appeal for ex-parte is useless since I've filed for divorce too hence the appeal will be rejected.
5. In-laws are resourceful and will go to any extent to avoid monetary compensation while I don't have the resources for a long legal battle.
Please guide me on what can be done at the current stage to bring them to justice and retrieve my belongings even if I don't get any monetary respite.
Asked 4 months ago in Family Law from New Delhi, Delhi
Thanks to you all for your answers. I truly appreciate any advise that I can get at this point. One thing that still remains unclear to me and the biggest hurdle in current situation:
1. What if I file an appeal for set aside of ex-parte order and the other party objects saying that I've also filed for divorce? Will my appeal be rejected on the grounds that since I've also filed for divorce and divorce has already been granted in husband's case, why do I need to get it set aside?
3. If I register a complaint under 498A immediately after filing an appeal for set aside of ex-parte, will the complaint take a hit in case appeal is rejected?
2. Both the parties filed for a divorce in different states. While in mine notice was sent once and was not received, they got ex- parte divorce in theirs.
2 Their case was filed before mine.
3. I've only till 17th of October for the 90 days period for filing appeal to get over.
Asked 4 months ago