Legal Question in Family Law in India
me & my wife seperated two years back as she was wanting to resettled with another man in her life . we are having two kids. in this last two years she was living in an adulterous life with that man, a family friend who too is married & having two kids too. initially she filed divorce case as well as custody petition to pressurise me to agree for divorce amicabily & later on as we moved ahead with the 1st motion & so accordingly she withdraw her petitions. we mutualy signed our statements mentioning her not wanting any mainteance/alimony & custody etc. and me to arrange her meet with kids twice in a month. at the time of 2nd motion she didnt turned up & in fact left india & settled abroad with him. in this due course of time as she was not in india I filed a fresh petition & able to get an exparte divorce decree. she returned after 5 months in 2011 & so i updated her in regard to our divorce & even arranged her meet with the kids few times. she again left abroad with him after 5 months in india & again returned back after 4 & a half months. i am having a possesion of exparte divorce decree dated nov 2011 & now this is back to square one as both of them are now seperated & she is living with her parents.
1. what are her chances of getting this exparte divorce decree set aside
2. what are her chances of asking & getting any mainteance / alimony or custody.
3. i want to keep my kids out of this nuisance of her coming back after few months & start calling & smsng kids all over again after long gaps. is there any way in our court of law to restrict this. i.e. to restrict her of meet up with kids.
please advice. thanks.
4 Answers from Attorneys
it is up to the court to allow or disallow her application for setting aside ex parte order. regarding maintenance and alimony, that also the court would decide. but she is also entitled for visitation if not custody, so u may not be able to restrict her communication with the kids.
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.
i agree with Adv Gupta
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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