Claim of dowry after ex-parte divorce

Yes she can....And certainly she shud get back the 800gm of gold atleast.

Why people take chances to lead any suit towards 'ex-parte'?

Please look at it as if  ......person X gives 10 lakhs to person Y for some purpose.......

Then X files a suit against Y, claiming that Y is not returning X's 10 lakhs back to X.

X wins the suit ex-parte against Y. Y doesn't challenge ex-parte order within the frame even, after ex-parte order.......................unless ex-parte was obtained in fishy circumstances and faud.

Is X entitled to get 10 lakhs from Y?.......Yes

She can ask any thing even 1 crore but that is not sufficent. She needs to prove in court.

You have right to refuse every thing and prove your innocence.

Also find out basis of ex parte in case if she has managed to get and you see any merit consult a good lawyer and reoprn case.

Also if you reopen then you can file case for bigamy and DP3 based on her statement for dowry.

Check all merits before taking any action no need to worry people ask and lies many fold...

Hi,

We do not want to reopen the case but I think we need to send an application refuting the charges given in the divorce judgement degree.

Please guide us how to go for this.

Thanks

@sushma ji

Your brother had right to "to refuse every thing and prove innocence" as suggested by cheated ji, But that chance is gone...................Your brother's ex-spouse has already proved it.......................her deposition under oath is deemed unchallenged.

Law can't allow you to give excuses laterwards.

In the first place ex-parte divorce order is not as easy as it looks. Aleegations were already mentioned in the Petition....you wrote " She has put a false allegation that ..........."

It's already a year that has gone by now.

Talk to good lawyer as you came to know only 10 days back find out on what basis she got ex partee? DId she used worng addresses? You ever received summons ? Based on all these you can go to High court.

Other option is aby way she got divorce, let her go and refuse every thing else. Do not accept any dowry etc and if she files complain based on her statement file DP3 complain.

What i suggest ignore every thing and look for better life for your brother. And refuse all charges and don't give any thing.

You wrote "She has put a false allegation that we have taken a dowry of 10 lakhs rupees and also 800 grams of gold."

Your bro was definitely served with the summons, wasn't he?.

Ex-parte decree is not given to defendent without application.

Hi,

My brother's ex-wife has got the ex-parte divorce by sending the summons to wrong addresses.

Now can we file any application refuting the allegations?

"sending the summons to wrong addresses" and "ex-parte"....it was lesson to many.

..........But unlikely and difficult to be repeated. Judges also read news papers!!

You can't blame your brother's ex-wife for that. She has apparently waited for 90 days after ex-parte divorce and then only got remarried. 

You may blame the court and the judge at the max, will you?

Nor wud your bro get partial appeal thru  i.e. to set aside the whole decree parially. ..NOOOOOOO....

What are you going to say to hon. court? ............

"It's ok if she has got re-married......oh..no problemos....that's fine ...fine...fine...but don't ask us for money now!!"

Your bro must have got the execution/compliance notice from the ex-wife...tell us the truth