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can a ex-parte divorce set-aside after 4 years ?

(4 posts)
  1. mamtha
    Member

    My husband got an ex-parte divorce from his ex-wife(has 2 kids) in the year 2006 under cruelty. she appeared for all the hearings and counsellling and after that vanished. She didn't filed any maintenance case. After 4 months of decree my husband married me and we have 2 kids.in the year 2008, the ex-wife after knowing my husband is wealthy now, she filed a complaint in the commissioner office that he is living with bigamy. The commissioner warned her and in written statement she mentioned she will settle the matter in court.(she has been then given the divorce paper copy) In 2009 she filed a petition for set-aside. My husband is staying in uk and made an appearance and we clearly produced evidences against her. Now my husband is staying abroad and she filed an another petition (reasons not known) and searching for my husbands address. Our lawyer is appearing and confirming that he is not here. Please advise us whether she got any right to claim maitenance?? If my husband not appeared can the court set-aside?? she wants to claim a huge amount now.

    Posted 7 years ago #
  2. Adv.Kachave
    Blocked

    You have to challange the same by convincing delay condonation.
    http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  3. sanjaymehra
    Member

    If the divorce was ex-party, then probably there was no settlement for his ex-wife and their children at the time. She can now claim maintenance for herself and her kids, if she is not able to support herself and her kids. Legally she can claim maintenance from her ex-husband till she is married again. As far as the children are concerned, they are still your husband's responsibility to maintain. From your post, it seems there is no contact between your husband and his earlier children either. Sad, very sad.

    warm regards

    sanjay mehra

    Posted 7 years ago #
  4. mamtha
    Member

    Thankyou very much for the replies. We have condoned the delay and given the evidences of the quarrels she had with my mother-in law (aged 75 years) in the year 2008 for doing re-marriage for which a complaint has been lodged at police station and in written she has confirmed she will not behave rudely and settle the matter at court. But again in 2009 she came to my house and started quarrelling with my mom and she assaulted her. for that also we gave a police complaint and again she has been warned. All these matters were produced in the court. Regarding the kids my husband was not allowed to show his love till he was not earning much. The marriage last only 6 years in which 5 years she was at her mom's house. With repeated requests to come and live with him she just ignored because he lost in business and for hi-fi life. She never performed her duties as a wife even my husband was ill. It seems these things were discussed at the time of divorce so she vanished (she also thought only meagre amount can be expected from my husband). Now after marrying me he is earning sufficiently and we are leading a happy marriage life. Even after marrying me my husband used to visit their house and meet the children in the auspiciuous days. This was allowed because every time he used to give lot of gifts. She spoiled the children also and eldest child(10 years) asked oneday that whynot the property transfered to my mom. So even the visits were also went vain. Her late father has left her assets and she is a teacher(???).
    My questions are... when divorce case trial is in the court then she has not claimed any amount nor discussed in the court.. regarding the custody of the children also not discussed. when she has taken the custody of the children then how she can claim maintenance for herself???

    Does a father be always treated as a moneytree and is he not eligible for love and affection??

    Is she not answerable for the mental agony she gave us to us??

    Do I have to suffer because of marrying a man who got a divorce?

    does a divorce man is not eligible for remarriage??
    Legally we are wedded. My husband married me after the time limit of 90 days. Now what are the measures I can take legally to safe gaurd our marriage?
    Can u please guide me. Really I want to teach her a lesson for being so moneyminded.

    Posted 7 years ago #

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