This is a generic query, not individual/personal. Suppose a husband or a wife is hell-bent upon divorce, but his/her spouse doesn't oblige to it. Infact there is no valid ground for divorce and he/she is very much aware that filing a false case without sufficient evidence would only dismiss the case. So he/she hatches an alternative crooked plan for obtaining divorce:
He/she files a divorce petition in court providing false residential address of his/her spouse. The postal department is either unable to locate the address or hands-over the summon to some unintended person staying at the wrong address. As desired by the divorce petitioner, his/her spouse doesn't show up at the time of hearing, prompting court to go for ex-parte judgment (granting divorce) in favor of the petitioner.
I am a layman, not much aware of the legal proceedings. So don't know whether I am speaking all rubbish, but raising this query in this open forum to alert/caution people against such crooked plan.
1. Is the aforesaid mischievous scenario practically feasible?
2. Won't the court stop all proceedings or make further investigation if the summon is not received by the intended respondent (due to address not found) or received by some unintended person at the wrong address?
3. First of all, will court issue the summon at all, if the address to which the summon is to be sent neither matches with husband's nor wife's address as mentioned in their marriage certificate?
4. What precaution can be taken by people suspecting such mischievous action from their spouse?
5. Can filing a caveat be a solution against such ex-parte divorce? For how many months does a matrimonial caveat remain valid?
