ex party divorce -set aside
Querist :
Anonymous
(Querist) 03 August 2011
This query is : Resolved
Dear experts,
one of friends husband has taken ex party divorce one & half month before, with fraud & cheating to my friend & h'ble court.
he has shown summons service to wrong address & given two persons affidivit saying respondant is not taking summons.
my friend has submitted pettion for set aside order immidiately after getting knowledge of ex-party divorce.
she has already submitted DV petition four month back against her husband, but till today no result.
she is having two sons, one is with her & other with her husband.
can she get chance to give her opinion/ truth to h'ble court?
Also note that, her husband has done ex party divorce in andrapradesh & she is in maharastra, can we transfer this case to her present resident?
Querist :
Anonymous
(Querist) 03 August 2011
Also note that, her husband has filed divorce petition in two places within a month to divert attention of my friend.
Can she file fraud/ cheating case IPC 420 against him?
Devajyoti Barman
(Expert) 03 August 2011
Yes if her husband is proved to committed such fraud then he could be implicated in several criminal proceedings.
The case could surely be transferred but for that she would need to apply before the supreme court.
Ask your friend to apply for maintenance u/s 125 crpc for herself and the children.
Without knowing the status of the DV case no further comment could be made.
Advocate Rajkumarlaxman
(Expert) 03 August 2011
he can booked for 420 as well and stated by our expert you can move to court for jurisdiction also. and file for 125 cr p. c.
Querist :
Anonymous
(Querist) 03 August 2011
he has filed divorce petition at two places within a month & taken ex party divorce at one place without withdrawn previous one. he has diverting attention of respondant.
legally is it fraud?
can we file 420 on him for this?
also note that, he has given different dates for respondant left home & resons for divorce.
may be he has done second marrage & he is tried to fly out of india.
refer above, there is no chance of recombining, now we want justice & punishment to him for cheating.
what actions needs to be taken to get us justice, maintenance for future of her & her childerns.
Querist :
Anonymous
(Querist) 03 August 2011
pl reply soon.
Querist :
Anonymous
(Querist) 03 August 2011
Thanks Mr.Barman,
As i mentioned we have already taken steps for set aside order/ cancel ex party divorce order.
We have already prayed to court in DV case for maintenance, home & child custody.
DV case is pending last four & half month & he has taken ex party order one & half month before.
She is housewife & her family background is economically weak.
He is tried to leave india, after he left india, what she will do? how she will mentain herself & childerns?
Beacause of this we want guidance for immidiate
actions to be taken from our end?
Querist :
Anonymous
(Querist) 03 August 2011
please reply soon.
Querist :
Anonymous
(Querist) 04 August 2011
please reply, what actions from our end needs to be taken for justice?
Querist :
Anonymous
(Querist) 05 August 2011
ref. above, please confirm when we will file petition in supreme court for state transfer & what is procedure for the same & time frame required? now we received certified copy of our petition filed for set aside.
can we take help of any social organisations like NHRC,womens NGO's etc in this matter? is it helpful?
Querist :
Anonymous
(Querist) 05 August 2011
please reply...............
Querist :
Anonymous
(Querist) 05 August 2011
please reply..............
