Ex parte divorce

In my opinion, there would not have been a legal divorce taken place at all,because in an exparte divorce, the husband would not have been ordered to pay the said maintenance by the court, thus it should be some sort of divorce deed, please gather full details and then seek clarification so that a proper opinion can be rendered.

Thanks for your advise Adv.Archana.

Adv. Kalaiselvan, i stand corrected. The husband has not been ordered to pay maintenance by the court. He has informed his parents that he wants my sister and the children to remain in that house and he shall be supporting them financially.

We would like to know from you:

1. Is this kind of divorce legal in India? As no notice about his filing of divorce reached my sister at any point of time, still it is registered in the court that she received the notices all 3 times.

2. Can he be arrested for this forgery?

3. What if he gets remarried? Can my sister still file a petition for setting aside the divorce decree?

4. Will his second marriage be considered valid?

Hello!! I have been waiting for your reply please!!

1.  The divorce is not legal.  She has to move application in the same court to set aside the divorce decree and also explaining how she came to know about divorce recently.

2.  She has to file appropriate case for forgery and also misleading the court to take divorce.  He can be prosecuted.

3. Yes.  If  he has married, he will be in big soup.  The divorcee decree will be set aside and criminal case will be started for bigamy.

4.  NO.

Thank you so much Advocate Chandrashekhar for giving me answers to the point.