False domestic violence by wife and query

Guest (Querist) 27 November 2014 This query is : Resolved
Hello Experts,

Some of you might be knowing it. Judge gave ex-parte interim and final judgment on July 2012 and Dec 2012 respectively on basis of prima-facie allegations made by my wife.
This case was not contested as I myself did not receive any notice/summon to my place of residence and place of working, but court told that notice was served duly pasting in her matrimonial home where I never stayed. She broke lock and keys and got custody. Warrant has been executed again me in 1st quarter of 2014.

However we have appealed on the basis of ground that no summons were ever received or dispatched to me by any means neither I receive any notice to comply the order, hence need to be set aside.

The appeal is admitted subject to deposit of Rs 40K which we did and hence admitted. Next likely date is next week but hearing of warrant re-call is pending. Meanwhile my wife has created a scene of robbery in lower floors in the closed household where nobody stayed apart from her which she got custody in May 2014. We never went post and before this incident. A GD has been made in local Police Station by her mentioning all the Almirah and everything is open when she entered in a very day. Lawyers told us not to come. This GD may be helpful in hearing and argument itself.

Can anybody please guide if this is on right track.

Also please be noted that on Nov'2011 she applied for divorce which was registered in the session court but no notice was ever sent to me or my relatives and she also did not appear in the subsequent AD/Appearance days till DV filed in June'2012. Surprisingly she also never mentioned the same in the Domestic Violence Application Page 4 under the Previous Litigations section where she mentioned CRPC 125 pending before CJM court. She has suppressed the fact.

How to produce this event in the next hearing. Can this be a reason for setting aside all the previous orders. How can I recall the warrant.

Kindly opine.

Many Thanks
Suman

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ajay sethi (Expert) 28 November 2014
contest cases filed by your wife on merits . in you cross examination of your wife you can raise the issue

T. Kalaiselvan, Advocate (Expert) 01 December 2014
Do not mess up everything now itself, apply for set aside of exparte order against you, restore the case and take care of all these issues during trial/cross examination.

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