Wife got exparte divorce 8 years back on grounds of desertion and cruelty as husband had abandoned her and child and absconded without any trace or location. 4 years back wife found him residing abroad but he avoided them stating she got the wrong person for around 3 years. Only in Jan 2011 out of sheer social pressure of child support and maintenance claim by wife he came forward identifying himself to his daughter via emails. He knew that wife had initiated divorce action on him and took the trouble of finding out from court that wife had divorced him exparte. Then he started claiming himself to be divorced based on wife's exparte divorce order. He states that he has no liability to maintain his child as he is divorced and child is with mother and mother is legal guardian and it is only her responsibility to maintain the child.
Actually within 2 years of marriage husband had deserted them and put a divorce case and absconded. The case was dismissed for default of appearance of husband and then wife filed a police case to recover her jewels and stridhan which she recovered from husband's parents in India while husband was still missing. After recovering stridhan and waiting for more than one year unable to find her husband, wife filed for divorce and got exparte divorce.
What is the validity of wife's exparte divorce order. Can husband claim divorce based on that. Wife is not remarried and wants to join husband with the child. Husband does not want to provide anything for them legally, socially or morally. What are the rights of wife in such a case. please do reply