Validity of an exparte decision in case of divorce

Yes, Mr.future lawyer academician.

seeing your message, i am also in doubt that some frawd may be there.

Please check whether the wife (first), received at least three notices properly or not, and it is recorded in the court file, - that she received the notice. She received it vide her own signature or not. It is compulsary. If not then at any time the first wife may come to the court with a plea that the said divorce is frawd and the said marriage (first) is not disolved according to law, therefore the marriage is still alive/valid and she is the wife according to law. IN that case, at least, two criminal charges will be imposed on your friend (1) Frawd (2) contempt of court. You inspect the concerned record, it is your right, alongwith a different and reputed lawyer or you yourself - in case you are familar with the court matters.

However, if it is not frawd, then go ahead, no problem.

You didn't make clear what may be"unnecessary hassles" and Why?

Hi,

How long did it take for the friend to take the divorce from the date of application. If the time period was of 6-8 months or more, and she did not turn up inspite the summons were served , then this order cannot be challenged.  He just need to produce the decree of the divorce and get the name struck off the passport. Nothing more he needs to do.

Dear All,

My considerate advice to the budding future lawyer is to go and inspect the record of the case and get a first hand information.  Then you may procure the certified copies of pleadings and Order/judgement in the matter. Once you are through with the same annexe these annexure whereever the need arises.  You may represent on the basis of the court documents that there is no need of procuring the certificate and as a prudent proactive step you may procure an affidavit from first class magistrate enumerating the facts accordingly.

Hope this clarifies your query.

Thanks and best regards

Daksh

exparte decree is  enofceable and good as contested decree however the other party can seek the setting aside of the same nd the limitation sarts for date of knowledge UArt 123 li. Act

Actually by "unnecessary hassles" i meant that the advocate in the High Court advised that the decree is very much valid and there is no need to drag the matter to the High Court as it shall be initiating a lenght proceeding again. I just wanted to know tht in case of an exparte decision by the lower court, can the high court certify the validity of divorce and issue some authentic document by which the name can be struck off from the passport as told by the Indian embassy in Oman

Mr. Mehta, Thank a lot for replying and showing interest. Actually my freiend had filed the case initially for the restitution of conjugal rights as his wife was staying away from him in other city. To save the marriage they filed a case of conjugal rights so that she wud come back. She asppeared before the court twice in this case and said that she would not come back due to her career aspirations nor was she willing to go for a mutual divorce. Then afterwards they filed a case of divorce where summons were send to her and they were not responded. My friend had also given notices in national news paper regarding her appearance in the court and then only the exparte decision was granted. The time period of 90days for appeal after judgment has also expired. We fail to understand as to why the Indian Embassy in Oman didnot regard the decree as a valid document to struck off the name from the passport. This has created doubt whether in the minds of both the parties, tht in future the second marriage can be challenged by the first wife as illegal? I think he can also get the name struck off from  passport from the passport office in India once he comes on leave and if done without problem he can get married too.

your third msg should come first. now matter clear.

i have seen a few cases where after divorce, the wife claimed that, she was kept in dark, regarding divorce notice.

check it whether the notice given by the court itself or your friend volounterily given notice to national newspaper. it is important because to avoid future problem; as stated above.

anyhow if you confirmed that, notice served properly, then your friend may contact, foreign ministry for the same; or you may pray to high court sueing embassy of India at Omen.

You may sue to embassy of Omen,  why the Indian Embassy in Oman didnot regard the decree as a valid document to struck off the name from the passport.

As you told "I just wanted to know tht in case of an exparte decision by the lower court, can the high court certify the validity of divorce and issue some authentic document by which the name can be struck off from the passport" Your certified decree is the certificate of divorce, if it is not challenged. HC can not certify it  further.

His wife can challenge it, showing some excause. 

Yes freind! If he doesn't want to rceive NOC from earlier wife, a writ of manamus must be filed in Your High Court against the Union Of India ( Ministry of external affairs ) to direct them to stuck of name of earlier wife and to enter the name of new one.

Future Lawyer,

Some times in the ex-parte divorce, the NOC from the wife is required to get the name struck off from the passport. Just write the letter to your wife attaching the copy of divorce decree &  the NOC, and tell her to send the signed copy of NOC. If this is given, then you will have no problem in strucking the name off the passport.

Mr arvind stated is correct.  because the indian embassy has not right to cancell the named of authenticated mattered printed on it.  So you have to approach office which issued the passport and give particulars of the same with relavant documents.  Then the your friend's matter will be solved.  So ask him to come to india  and take proper steps