Pls clarify - urgent

In this circumstance, whether the divorce order is  valid in law or not?

VALID

whether the wife can sue for any property from husband's family, which the husband, as a legal heir, is entitled to?

after getting ex parte divorce, NO

Suffering from schizophrenia as a sound ground for a decree of nullity. Whether the disease is curable or not does not make any difference. Where in due course the disease is cured, it would not affect the question of validity of marriage.-Tulsi Bai v. Manoharan 1990 (1)HLR 318

The exparte divorce decree is vaild before law unless it is set aside by the court. The wife has no right in the husbands property after divorce. But the children born out of the wed lock has rights in it.

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Dear Sir,

Thanks for your reply. In this case, husband is missing since 1995 and the police Department also has issued not traceable Certificate during 2010. In the circumstances how the wife can setaside the divorce order?

Pls suggest

Regards

R.K.Leela Mohan

Wife Filed the Divorce Suit against the Husband on 1982

how the wife can setaside the divorce order?

wife applied for divorce - she got divorce - 

now why does she want to set divorce order aside ??

u can give a try to set aside the ex-parte decree on the ground that a civil suit against the mentally unsound person does not lie.  But the onus will be on you that at the time of institution of divorce suit, you did not know about his mental ill health and came to know about it later on and at  present he is mentally not sound.

Dear Sir,

Husband Mentally unsound mind is not to be found since 1995 onwards and the Police Department has also issued the Not Tranceable Certificate. Presumbly he is dead, What is the remedy to set a side?

Regards

R.K.Leela Mohan

There is no remedy now.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com