Wife wants mutual divorce after ex parte divorce is already done


My wife gone to her place and we tried to bring her but she didn't and then we have taken exparte divorce in 2012 and also got married for 2 years and now old wife wanted mutual divorce I am having the decree as well publication but she telling I will do FIR for 420 now pls guide me should I send my court decree or something else

Answers (5)


291 votes

If u r take the divorce ex party not requirement to file a fresh suit for divorce by mutual consent. Another suit of divorce is barred by law but one more thing u have to remarriage after 90 days of ex party order. If u a marrige before 90 days of exparty divore order your wife have a right to reopen the case of ex party judgment.


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177 votes

As it's an order passed by the hon'ble court she can't register FIR against you bcoz it would be against the order of the court, also police will do the only after investigation, before that they can't take any action so don't worry.

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193 votes

no need to file mutually consented divorce petition coz a court decree of exparte divorce in favour of u n time of appeal also passed away ... 420 ipc F.I.r.not mentinabable I don't worry n enjoy ur life

333 votes

When you taken exparte divorce..you send the notice to old wife but your old wife not present in the court...then court give you exparte divorce..your divorce is legaly & your second marriage is legal
Your first wife says you to got a mutual divorce that is illegal...so your first wife got a application..your divorce petition..then..both party file the compromise court get the finally divorce on the basis of compromise.
And..your first wife who charged 420 ipc ...this is illegal

323 votes

Dear Concerned, Please be informed that your Ex parte divorce is a valid divorce and , today your ex wife can not ask for a mutual divorce. Please note a case that has been decided to finality by any court can not be raised again in any other court. ALSO dont be bogged down by her threats of filing false fir etc. Please note you have a valid ex parte decree IF IN case YOU Ex WIFE manages to fiel a complaint and police calls you for enquiry because of a false complaint filed by your ex wife just carry your copy of divorce. YOUR work will be done. FOR a detailed discussion you may contact us at Lawrato .

Best of Luck

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