Dear All,
I got ex-parte Divorce on Aug 10 and my wife was challenged the same on the same district family court after 21/2 month. She says on her application that she has not got any notice regarding the divorce. But the fact is that she has charged me and my family for 498A and women protection law after informing her about divorce petition on Mar10. And she is also refusing her own written address which she has written during 498A FIR and saying that Post has not written thatswhy i didn't get. (I live in Bhilai (Chhattisgarh) and she has lodged 498a and other cases on Nagpur (Maharashtra)
One more thing is that during the proceedings on Nagpur court i had informed court and herself by giving exhibit and that exhibit is also shown to the court. During the argument it has been proved even that she didn't come deliberately on the court to get her 498A in stronger side. But now she got to know that i have got ex-Parte Divorce.
For her application submitted on the court for stay on Divorce has been denied by Judge and that deciscion stated that application for Stay on divorce is rejected but her condolence of delay(Section 5-Limitaion Act) and Section 9 (13) on hold till she gives evidence and cross.
I want to ask you that if it has been proved that she didn't come deliberately on the court during the divorce case proceedings the why it has not been rejected by the Magistrate of Dist Family court and Is restoration of the case possible even after Nagpur court exhibit has come that regarding the case no. and proceedings date was known to other party.
Please advice me how to fight more to dismiss this case though half of the way it is in my favour?