Legal Question in Family Law in India
Me & my wife seperated almost two years back. She was wanting this divorce to restteled with another married man i.e. Both of them filled for divorce simutaneously with their spouces, my wife filed for divorce as well as for custody of our two kids just to presurise me to agree for divorce amicabaly, later on she withdraw the casses & we amicabaly moved ahead with signing of our statements & our 1st motion. We mutually agreed for our 1st motion & the terms of her not asking for any mainteance & alimony & custody. At the time of 2nd motion she didnt turned up & infact left india with that gentleman. I wasting no time filled a fresh petition & able to get the expartee divorce decree in another 5 months in november 2011. Incidentally she returned back to india in november 2011 itself. I updated her about our divorce in feb 2012. In april 2012 she alongwith that gentleman again left india & again returned in august. What are the chances of her getting this divorce decree set aside & also would like to know that can she ask for mainteance / alimony or custody etc & what are the chances of her to be entertained in this. I am having plenty of evidences prooving them in a relationship as that gentelman is also a married man & having two kids also.
4 Answers from Attorneys
i have answered you in detail in your other thread.
The answers to your queries are here in below :-
1) None
2) None
3) No you cannot stop her to meet her kids but can be restricted by courts order
already replied
Though there are very bleak chances but recent supreme court judgment says that ex parte decree can be challange in divorce cases at any stage.
So be careful.
Regards
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