Ex parte divorce
Tripti Agarwal
(Querist) 20 October 2015
This query is : Resolved
Hello sir,
This query is regarding my sister .my brother in law filed a divorce case against my sister n got an ex parte decree a year before.But my sister came to know about it after one year.My sister lives in her in laws house,now her husband is forcing her to leave the house as he have ex parte decree now..what my sister should do now
Anirudh
(Expert) 21 October 2015
1. Most important - Your sister should not leave the matrimonial home at any point of time.
2. Write a letter to the SHO concerned and state that she is very much living in the matrimonial home and that her husband is pressurising her to leave the matrimonial home on the basis of some alleged decree of ex-parte divorce. That she was not party to any such divorce proceedings. Therefore, seeking protection from police to ensure that her residence in the matrimonial house is not disturbed without due process of law. Take acknowledgement of the letter given to the SHO with dated stamp.
3. Your sister should immediately contact a lawyer and take steps to make a complaint to the same court about the fraud played by her husband in obtaining the ex-parte divorce.
You have to act very very fast.
alexander
(Expert) 21 October 2015
well advised by advocate Anirudh.
But it sounds little incredible that the whole Divorce proceedinshave been covered and you /your sister didn't even get whiff of it.
SAINATH DEVALLA
(Expert) 21 October 2015
I sail with the views of the above experts.
Rajendra K Goyal
(Expert) 21 October 2015
Agree with the advise from expert Anirudh.
alexander
(Expert) 21 October 2015
@ TRIPTI AGARWAL: It is possible that the Court Summons were addressed to you at your Matrimonial House Address. In case of repeated non delivery of summons the special process of pasting a copy of the Summons at a prominent place at your usual address and along with a notice in the local newspapers would have been published Or Could it be that some body in your matrimonial House has intercepted ( received on your behalf) the summons and subsequent related correspondence pertaining the case . It would be worthwhile if you visi t the Court with your brother and ask for examination of your case file maintained by the court. It is not a difficult procedure. You simply havre to make an application on a form available with the Court clerk and deposit a very nominal amount. You couldgrt copies of the essential correspondence/ court notings and the ex parte decision of the court for preparing your representation. It may spring up facts that might help you.
In case somebody else has signed and received the court summons then it could be of some help in re activating the case ab initio.
Sudhir Kumar, Advocate
(Expert) 21 October 2015
Such orders are always possible if the process server or the post man enters in connivance.
the award can be challnaged.
But I believe SHO has no power to disregard the order simply because you say it is ex-parte. He is no body to judge the bonafide of the order.
Till the order is stayed she ceases to be his wiefe.
Sudhir Kumar, Advocate
(Expert) 21 October 2015
You have also told got this divorce decree one year back and did not tell her.
that means he continued living with her making her to believe that she is still wife.
The matter fits the definition of rape.
Kindly register FIR of rape.
Keep him busy paying for oversmartness.
K.S.Srinivas
(Expert) 21 October 2015
I agree with the advice of Sri Anirudh.
