your ex wife can challenge the ex-parte decree by filing Misc. petition, she can only succeed if she prove that there was sufficient cause or reason to abstaining from the Court proceedings.
Sir, I was married in 2010 and in 2012, I got exparty divorce without any alimony. After there I got second marriage in 2014. Ex-wife had filled criminal case against me including IPC 494 in 2016,which was finished in 2017 with Aqueted. In 2017 she filled a petition against Ex party Divorce and also filled a divorce case in ADJ court. Exparty challenge has been accepted by court and the case is now running in court but she did not present in divorce case which she filled herself and the case was dismissed by default. Now my question is 1. What will happen if I loose the case? 2. If she wants to reside with me then what will happen to my second marriage and daughter? 3.My lawyer said me that your exparty decree procedure was wrong and so order may be in favour of her. My question to lawyer that how do I know the law procedure. My previous lawyer said me that you got exparty decree as your wife not present in court after news publication And gave me the decree order copy and told me that I can marry after 90days. 3. Now what will I do please help me and give me some references of judgement similar to my case. Thanks
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your ex wife can challenge the ex-parte decree by filing Misc. petition, she can only succeed if she prove that there was sufficient cause or reason to abstaining from the Court proceedings.
1. See since you were already granted divorce and then after you remarried you will not loose can but in case you loose second marriage is not valid.
2. See cannot forcefully enter and reside with.you, status of second marriage will not be valid though you can stay with them.
3. See if notice were served and there was newspaper publication then in that case procedure was followed then divorce is valid. And you legally remarried after appeal period.
Judgement can be searched as per merits of your case.
There is gross delay of 5 years in filing petition for setting aside exparte divorce
2) you would not lose the case as you married only after divorce
3) your second marriage is valid
4) you were free to marry after 90 days of divorce
1. If you lose the divorce case your earlier experts order will be nullified.
2. She will not reside with you.
3.No the procedure can't be challenged now as the order of the court will prevail if she was served. Only if she was not served then issue may crop
if no appeal is filed by opponent within 90 days of order you can marry again. Opponent loses every right to legal remedies.
So far exparte order is there it is to note that all decree can not be set aside. It depends upon the nature of the decree and it consequences upon its setting aside.
inform court that you have already married after the decree. That willl be sufficient.
1. Your second marriage would become null and void.
2. She can not reside with you even your second marriage is invalidated in which case your children would become illegitimate though having right to inherit your property.
3.Without seeing the ex parte decree I can not comment on merit of the case.
4. Unless I see the cases details giving citations is very difficult as decisions have no blanket applicability.
As the ex Parte decree has been challenged and accepted by the court in case you lose the case then your present marriage will be invalid but that does not affect the right of your daughter you can again file divorce petition under various grounds so the case will go on and you continue with your present wife.
Dear,
As you say she is not appearing in court, so this shows her seriousness in this case.
and already she took 5 years to file case against ex party order, so court will not gave order
in her favor.
After 90 days of ex party order you are free to marry and this marriage is legal.
1. You may go ahead and file appeal if you lose. You have already married someone after your divorce and therefore you losing now will also not make any difference.
2.She can not reside with your forcefully
3. Share the copy of the order and other details for us to give a concrete advise on this issue.
Regard s
Nothing, your marriage is valid in all aspect. Ex parte set aside limitation barred , appeal agasint set aside order.
1. You do not have to lose this set aside case of exparte divorce.
You can fight it properly and get the regular divorce also decreed in your favor.
If at all there is a judgment against your interest then you can prefer an appeal.
2. you dont have to allow her since the appeal is also pending in case you lose this divorce case.
3. Your second marriage is valid, that cannot be nullified because you followed the correct procedure to marry her. As far as this exparte divorce, dont worry because since it is more than five years after divorce, you have a strong grounds to hold.
4. You dont have to depend on judgments now itself, it will be required only during final arguments, which will take at least two years from now.
1. If she has properly delivered the notice in the divorce case and if the order of ex-parte divorce was comunicated to her keeping evidence thereof, then it will be hard for you to loose the case. In case it is proved that you have not intimated her about filing of the divorce case and got the ex-parte divorce decree fraudulently, then the maqtter will be heard again and if you loose the case, your second marriage will be considered as invalid.
2. If your ex-parte divorce decree is nullified, your second marriage becomes invalid but you can stay with your second wife in live in nrelationship withoutv any legal problem.
3. It is difficult to comment on the correctness of the procedure followd by you in abviling the ex-parte decree of divorce withiut perusing the papers. If notice was published in Newspapers then it should be considered as valid service of the notice.
4. Consest her appeal filed against your ex-parte decree of divorce fittingly. This is the most important thing you should do now.
No need to worry about divorve proceedings you are going to win the case.
You second marriage is valid because you have married after divorce from first wife.
Yes you can marry again after 90 days of divorce order.
you can file an application for non maintainability of proceedings as you have married again after getting divorce from first wife.