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Vipin Das (Enginner)     18 December 2011

X party divorce

Dear all,

My father had gained an Ex party divocre aganist my Mother by providing the wrong address of her residence for the intimation of the notice regarding the divorce petition and the court with no response from my mother ,had given the exparty divorce to my father. And when she came to know the divorce details she moved to court to cancel the divorce order but meanwhile father had married again. And the family court made judement that the divorce cannot be cancelled. Earlier she had filed a case aganist him regarding  Domestic Violence Act and the trial are yet to be begun. In this time he had approached the family court for the divorce. Since he had obtained the divorce, I want to know what are the proceedings to be done aganist this cheating by providing the wrong address to court and also regarding the right of my mother in the matrimonial home which is in the name of my father and also the right of children(all major) in his property. Can this divorce can be stayed or cancelled by highcourt.



Learning

 3 Replies

Shantanu Wavhal (Worker)     18 December 2011

if u challenge the x-parte divorce decree by providing the proofs of wrong address provided by ur father, the case will be opened again.

Advocate M.Bhadra   18 December 2011

In your query you did not mention the date of order of Exparte Decree,you can challenge against the said order in the High Court by an Appeal with a petition of condonation of delay under Limitation Act if applicable,to file an appeal you should get a Certified copy of the order of Family Court.

rajiv_lodha (zz)     18 December 2011

Also provide us details : which address lady has mentioned 4 hrself in DV case. Has the man sent divorce summons to some other address knowingly while fighting this DV case. Ur case then wil be heavy if so. One hurdle wil counter u at many stages : If he has married 2nd time after appeal period is over. Court will see the new lady into this relationship wid sympathy.

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