need advice from all in one of my latest friends case which i am sharing for your reference. please all are requested to send your input.
I got an x-part divorce in the year March 2011 and got remarried in Apr 2014 my ex-wife is now claiming that she was not aware about the divorce and was staying in my house since 2011 and the place where the summons were sent by the court was her parents house and was locked in that period ie when the summons were issued and divorce granted by the court.
I have now got remarried and both my children are with me , I had allowed the women to visit my children and she even used to stay in a different room whenever she used to visit the house for a few days and I allowed all this because she had promised me that once I get married she will not seek the custody of my children. Thru RTI I have I have come to know that she had opened a Bank account in Oct 2010 in her parental town giving the address of the school where she was teaching and also I have got the detail of the electricity bills for amount of Rs 5000/- and Rs 2000/- for that period which she is claiming that her house was locked and in March 2012 I had given a public notice in Hindustan times that I have been given divorce by the court.
In police enquiry my neighbors have confirmed that they were aware about the divorce since the past three years and our maid from 5 years have given a statement that whenever she used to visit Chandigarh she used to stay in a separate room and used to abuse children and all the other members of the family.
My Ex wife has given an application under order 9 rule 13 read with section 151 CPC for setting Aside Exparte Degree of Divorce .
She has not given application for condonation of delay as she states that she was not aware about the divorce
Limitation Act ?- as three years have elapsed.
Please guide what should be my reply. Moreover I want to appear in person
