Legal Question in Family Law in India
My wife applied for Divorce in 2009.I attended to the court. finally judge told me to file the Counter in may-2010. But suddenly i became sick, doctor told me to take bed rest, so i am not filled the Counter.
Judge given three dates in same month, finally judgment is Ex-parte decree.
my wife had illegal relationship from past and she married him in same month.
I had son 5-years old living with her. what is the prosier to file the case on her. i want my son and my wife i don't want to leave them. please give me a good advise.
3 Answers from Attorneys
file for child custody and try your luck
You had earlier also asked the question. I do not think you have any scope to set aside the ex parte decree as you had been given three chances. But still you may try filing the medical papers including the bed rest and try for setting aside the ex parte decree.. Your second option is that if you have evidence that she had relationship from past while you were married, you still may file a criminal complaint for bigamy. third option is to file for custody of your son. You may also file an appeal against the decree on the ground that she played fraud by concealing the fact of her own relationship with another person.
You can try your luck by filing a case under Guardian & Wards Act.
FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]
DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
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