Hello Esteemed Members,
I got an ex parte divorce decree awarded in Dec'13. This was after upon serving the notice to my wife on her office address, she did not come to the court. She has got to know about the court ruling this month itself, however has filed an apeal in the same court which pronounced judgement (same judge) in my case to set aside the decree citing non receipt of the notice. The summons that I received have a date of 20 Feb'14, while her appeal is dated 23 Dec'13. There is a 6.5 year old kid (male) whose custody was awarded to me. I have in my evidence before the judgement present her cell phone bills, a phone and text messages exchanged with her boyfriend, which the court had accepted saying there is no reason to disbelieve the same. The marriage lasted for 9 years. She moved out of the house on her own on 21 Mar'13 along with my son, I filed divorce case on 26 Mar'13. Thereafter, court gave me exparte along with 6 months judicial seperation. During this time she came and left the kid with me. Post which on nov 30 evidence was submitted followed by decree awarded on 2 Dec'13.
A. what are my options now to counter her appeal?
B. How can an appeal be dated 23 Dec and subsequent summons issued on 20 Feb'14?
C. How should I deal with this to ensure the judgement is not set aside.
P.S- She is only looking for money is pretty good at lying and cooking up false stories (have been through the trauma of facing numerous police complaints at different police stations in delhi NCR.
Kindly advise.
Sincerely,
Vishal
