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jdben1o (Owner)     17 February 2012

Ex parte divorce

In one case, the man has obtained divorce decree ex parte in his favour. His wife had received one notice from the court to present her side (although she has denied  the receipt of the notice and she has filed the case to set aside the divorce decree) and the records indicate that the notice was stick at two places where she was expected to be living (though this also she has denied), then within a period of one year and five years from the application for divorce by this man, exparte divorce were granted.

Now my point is that : In our system isn't  there any provision that the court should convey its decision of granting a divorce decreed to a girl (exparte as she did not present herself) ?

Isn't it the right of that girl to know that she had been divorced....? She came to know about this divorce only after a period of six years when she filed a complaint against her husband and in laws of harresement and other offenses.

What are the remedies open to the girl now? Her husband has been staying in UK for last seven years and just to get the divorce decree he must have visited India. Now he is likely to fled to UK if he gets his passport.



Learning

 1 Replies

Shantilal Pandya ( Advocate)     17 February 2012

 decrwee can be  set aside   on the ground of nonserice of notice /summons  if  fictitious report of  failure of  service of  summons  wad obtained by the husband ,of  course in colusion with process seving official ,   a complaint can be file  for  creating  forgery   of  serving  documents  it would also be  a  case   for  dishonestly  obtaining  decree by  practising fraud  on the  court also,  about  sevrving notice of  divorce  upon the opponent , no such  provision is  found  anywhere ,


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