Ro. G. 27 January 2021

False ex parte divorce by husband

I have a serious concern. About 10 years back I had left my husband in hurry and moved to another city with my grown up children due to his regular violence, death fear/threats. Me, my children (teen & adult) had no choice but to run far away from him, without him knowing or keeping contact with anyone mutually connected.

But after returning back to home city after many years, my ex-husband shown me "ex parte divorce" with so many FALSE allegations. Basically whatever he did, he had put on me. Even on that ex parte divorce he had mentioned wrong & very old address of my parents where I or my parents didn't lived for many years. So I never knew he had made any complaints or put application for divorce.

Please suggest what should I do? My grown up children have seen everything, they are witness to everything that had happened both are educated adults now. I DON'T want anything (Alimony, etc.) from my husband, just I can't carry so many false allegations on me.

Please help.

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3 Replies

Real Soul.... (LEGAL) 27 January 2021

You can set aside the exparte divorce, but what you will get from that. IF you feel emotionally hurt that is just for time to heal, but you should be thankful that your relieved from a great trouble. It would be hard for you to get divorced if you chose to apply for setting aside the decree and contest the case.

However if you still want to proceed then your options;

1. issue legal notice for defamation for filing of FIR aw well as case for companseation and damges.

2. apply for setting aside the exparte divorce on the grounds you already stated

3. File maintenance application .

Think with a cool mind and decide

Ro. G. 28 January 2021

Thanks for your reply. I understand but it's been many years and even my grown up children are saying that I should not keep such allegations on paper against me and they are ready to take this legally. As per my understanding this can be even problematic in some PR / Permanent Residency cases, because they need those documents.

Can I ask my ex-husband to somehow cancel the ex parte divorce and get mutual divorce? Because if he denies that too when I am not even asking for anything then my children saying they will take care of it legally.

Please advice.

Real Soul.... (LEGAL) 28 January 2021

You need to file an application for setting aside the ex parte decree , and if your husband agrees he can consent to then application and the decree will be set aside .... that is legally a way out .

You can file an appeal to set aside the decree, in any ways you have to sumbit an application for condonation of delay, however you can say that you had no knowledge abouts sucha n ex parte decree and the time starts running out from the moement you got the knowledge about such ex parte decree.

Thsi is legal battle and your hsuabnd cannot cancel the dcree he can only accept your application in the court for setting aside the decree.

If he refuses you can issue a legal notice upon him for demation and make huge claim of damages , which would force himto come under pressure.

It is legal tactics ,just need to know how to make him dance, he might had made statements in the court where he showed you being immoral or whatever allegation.

Proceed legally and very smartly don' spoil the case and you will rest in soup.

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