Fraudulent divorce through impersonation

Get the ex-parte decree of divorce set aside by same court, move criminal complaint against your wife and the alleged impersonating person 

Your query involves many tricky issues for which you should seek professional services of a local prudent lawyer.

The divorce case filled and order passed in favour and divorce was decreed in favour of your wife. The decree of the divorce can be set aside if you file application under Order 9 Rule 13 CPC in the same Family Court that had passed the order/decree of divorce. The facts pertaining to the case can be elaborated in the application. 

You can reopen the divorce case and defend the demand of alimony that has been demanded from you. You can even seek custody and visitation right of the minor child you have out of the marriage.

As far the criminal complaint against you for domestic violence in the magistrate court, etc is concerned, need not bother as that will not be so easy for your wife after so many years of separation from you, even if that is filled that too you can very well defend through your advocate in India.

You may contact me for any help in Delhi courts. Email me: vijaymahajan5758@gmail.com 

In which court your matter of divorce was going on ?

Thank you. Can the (ex-)wife file for 498A or DV AFTER the divorce?

The reason I am asking this is because I am sure she will be encouraged to misuse every law in the book that can work in her favour until she can force me to agree to her demands ("settlement"). There are plenty of women-centric laws in India where complaints are lodged against men merely based on allegations, without providing a shred of evidence. Hence I am looking at it from every angle to safeguard myself legally.

As I said, apart from our brief holidays our co-habitation never took place in India, so she will be hard-pressed to make the stiry stand on its own feet.

Anything is possible as she with help of corrupt local advocate indulged in the act of fraud and misrepresentation in the court, she can indulge in any sort of filling false complaint against you and for this reason you have engage senior honest advocate for self first before you step in for taking any action against her.

In which case I guess, let her stew in her own juices for a while in India and dig more holes in the court. I can then collectively deal with it later on by hiring a honest advocate. Surely she has to further commit fraud to go for alimony etc. legally? She can't use a bogus address for obtaining ex-parte decree and then on the other hand, change the story to tell the court that I am a overseas citizen when it comes to alimony? The story has to stick together. But then again, I don't know. Anything is possible in India.

As far as I am concerned, officially I have no communication on this - either the summons or the decree. I don't have a single piece of paper related to this fraud sent to my domicile till date. When it does I can deal with it. If I enter now, she will get an opportunity to cover her tracks by playing the "woman card". So let it become a scandal. What I think is that until this officially becomes a criminal affair chances of me getting anything in my favour in the civil/family court is next to nothing. Moreover I will be forced to settle up if I entered now as it's easy to cook up false cases in India and can take years to prove innocence.

Thanks again.