ganapathi (Software Engineer) 18 November 2015

How to stop wife exparte divorce

Wife filed 498a 10 months ago.. I haven;t given divorce.

Now we learn from a marriage broker that she's seen four boys for second marriage.

She hasn't filed maintenance yet ..

Our doubt is she has filed a divorce in a remote place in Andhra or Telangana and trying to get exparte divorce and remarry and leave me with 498a.

Questions:

1) Can we check on ecourts Divorce cases?

2) If she gets exparte divorce before I find out .. how can I get out of 498a?

3) Is there any other way to find out about her divorce filing? like filing some petition to which she has to respond etc.. one guy suggested we can file a oath or something in HC where my 498a is that any matrimonial proceeding must be brought to HC notice ..?

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 18 November 2015

Sir,

You can definately go and check as to what she is doing and tell the 498 A court her conduct and take the benefit of the same in the 498A proceedings ..

At the same time you can file RCR to show that you wanted to stay with her and it's she who has left the matrimonail home without sufficient cause.

Warm Regards

Kapil Chandna Advocate

9899011450

rajendra (na) 18 November 2015

RCR is waste of option........

you can check ur case online ecourts.gov.in/services/(andhra/telangana) search with party name...

Getting exparty possible only if other accepted summons and not attending the court...If you have not received the summons then court will ask opp party to give advertisement in largest circulation news paper in your area

Once u come to know exparty order if in case u can ask the court to set aside of exparty by a valid reason or approach high court.....

good luck!!!!!

ganapathi (Software Engineer) 22 November 2015

Hi All

Thaanks for your answers

I believe they have filed divorce somewhere in Andhra/Telangana and may advertise in a large newspaper there but we are not from Andhra or Telangana .. we are from different state and have no friends or relatives there ... please let us know thx

ganapathi (Software Engineer) 22 November 2015

Thanks reddi..

is there a way to look up divorce cases on ecourts?

ganapathi (Software Engineer) 15 January 2016

I know its been a while in this topic..

But again we are getting rumours that she has filed and moving ex-parte .. I am not able find out where she's filed ..

After reading this article on how ex-parte is obtained in hyderabd and andhra fraudulently .. I am worried I will be left with 498a forever. Pls advice

https://epaper.timesofindia.com/Repository/getFiles.asp?Style=OliveXLib:LowLevelEntityToPrint_TOINEW&Type=text/html&Locale=english-skin-custom&Path=TOIH/2009/11/02&ID=Ar00201