I had filed for divorce in feb 2009. My wife didnt appear even once in the court. She had applied in the high court for transferring the case. I also had represented myself in that transfer case. later i withdrew from that case. After couple of months there was a stalemate in the case and so i applied for ex-parte. In the application i mentioned that we had received the highcourt summons from her advocate and so far there has no stay order from highcourt. The judge put the matter ex-parte and gave a judgement 1 and half month later.
A week after passing the judgement, the court received the transfer order from the highcourt. The court replied back to highcourt stating the case is disposed ex-parte. The transfer order judgement happened to be passed before i applied for exparte.
Its been 7 months now, and suddenly my wife has approached the court and made an application to set aside the exparte decree with a delay condol stating that she had approached highcourt and she was under impression that it automatically stays the case at lower court. Also she has alleged that i have hidden the fact about the transfer case (where as in my exparte application i have mentioned it). She alleges that since i appeared in the highcourt transfer case this decree is invalid. Please suggest me what to do? is there any one who wants to help me fight this case in Pune?
