Can husband get exparte divorce without my knowledge

mani (Querist) 22 December 2014 This query is : Resolved
hi,

My husband deserted me when I found that he has a relationship with another girl and since then we have been living separately for 1 year. He made me suffer a lot and when I managed to get his call details with that girl, he left me and took all his belongings with him.

We both want divorce now but my husband and in laws are not willing to return my Jwellery and cash and making false statements that he has left his precious belongings with me before he deserted me.
He took all precious items with him before leaving and my inlaws have taken all my jwellery.

So I said I can agree for MCD only if he returns my Jwellery and cash.

Few days back I got a mail from one of his relative which has an incomplete application attached mentioning that husband has filed a MCD at a small city court in his native place on 30th October-2014 and they can return my jwellery and 6 lakh after MCD and they attached a false list of their items costing nearly the same amount so it is a trap. Also, I have not received any formal court notice.

I want to know that is there a way I can get the actual copy of his MCD application from that court.
Can he easily get exparte without my knowledge as I am in Bangalore and he filed MCD in a small court at his native place.

Kindly advise.

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V R SHROFF (Expert) 22 December 2014
HUSBAND CANNOT FILE MCD PETITION WITHOUT YOUR PHYSICAL PRESENCE AND CONSENT.

OBTAIN CERTIFIED TRUE COPY OF PETITION FROM THAT COURT THRU LOCAL LAWYER, AND APPEAR WITH AFFIDAVIT/ APPLICATION THAT YOU NEVER SIGNED, NOR U WANT TO DIVORCE.

IF YOUR SIGN S FORGED, HE WILL GO IN JAIL...

HE CANNOT GET DIVORCE.
YOU TAKE IMMEDIATE STEP.
with help of person who inform you all these, [ probably imaginary] stories..

Rajendra K Goyal (Expert) 23 December 2014
MCD can not be filed without physical presence of both husband and wife.

You can file case of domestic violence, and claim maintenance at your hometown.

If you have proofs of adultery, lodge complaint with police.