Ex party divorce
Nancy
(Querist) 20 March 2012
This query is : Resolved
With my regards to experts , i want to ask:-
My husband filed a divorce case on 15 Nov 2010 after having fight over petty issue and then after we settled the issue he told me that he has withdrawn the said case and no notice for same was received by me .After that he again left house in Jan 2011 and filed false FIR with police that he is leaving house because i tortured him.we were staying seperate since Jan 2011 and from my side ,i and my family members tried a tried to reconcile but no incilination was showed by him or his family to resolve issue.
Now on 12 March ,i have received a lawyers paper on which it is CAVEAT APPLICATION
UNDER SEC 148 A and following points are mentioned -
1.That the petiotioner-respondent filed divorce case petiotion on 15.11.2010 on ground of crutely against his wife .Taht the petiotion filed by petiontioner-respondent was decreed ex party by Court Vide order dated 01.11.2011.
2.That the respondent-appellant is likely to file F.O.A in this court against the order of court below and also make prayer for setting aside ex party.
3.That the petiotioner -respondent-caveator craves indulgence of court that notice of institution od first appeal be given to respondent-caveators and he be heard througgh counsel at motion hearing the appeal.
I am really not able to understand what he is upto and what should i do now.I have not filed any case against him till date and isnt it cheating that he was staying with me till Jan 2011 and has obtained ex party on basis of divorce filed. in Nov 2010 which as per him was taken back by him.Please suggesr what to do furthur to have a peaceful life.
ajay sethi
(Expert) 20 March 2012
nancy
your husband has taken you for a royal ride . he has obtained divorce .
he has filed caveat application so that notice is issued to him when you file an application for setting aisde exparte decree
contact a lawyer immediatedly .take search of court records . appply to court for setting aside decree as you were not served and had no knowledge of application filed by your husband
Adv.R.P.Chugh
(Expert) 20 March 2012
You are Divorced. ASAP file an application to set aside that divorce passed in your absence, The court would show full indulgence to you, and if his fraud is established, you can get back with a vengeance.
Contemplate 498A/406
Nancy
(Querist) 20 March 2012
Sir thanks for your advice but i have heard that ex party orders can be appealed in 90 days but its 135 days already,is there any use going to court now
Raj Kumar Makkad
(Expert) 20 March 2012
You have heard wrong. The limitation is 30 days and not 90 days but that limitation starts from the day of knowledge. You have come to know about your divorce only on 12.03.2012 so you have still more than 20 days to respond.
It seems that you are lethargic. This matter is very serious. Your husband obtained decree at the time when you were residing with him. This is nothing but a fraud with you. Prove this fraud before the court and get the decree set aside and put your defence.
You can also file various cases against your husband at least for claiming the maintenance as well as a roof over your head.
Shonee Kapoor
(Expert) 20 March 2012
If it is cheating, you seem to be in knowledge of it.
However, if the service was not effected properly you still have the chance to contest the same.
For that, you also have to decide how much pain and efforts you want to put into it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
