Exparte Divorce

Guest (Querist) 13 December 2010 This query is : Resolved
I fear that my wife may try and succeed in getting exparte divorce without my information. They may manipulate the notices being served on me. what are the chances and how can it be prevented.

In case it is granted exparte without my knowledge how is the period of 90 days to challenge it only remedy what if I come to know after that and she gets married again.

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Arvind Singh Chauhan (Expert) 13 December 2010
Courts are not fools. If it happens, she may be punished for forgery/fraud and you would have reasonable ground for delay.

Parveen Kr. Aggarwal (Expert) 13 December 2010
You may lodge a caveat under section 148-A of the Code of Civil Procedure, 1908.

You may also instruct some advocate to keep watch at the courts where such proceedings are likely to be initiated.

If Ex-parte divorce is granted wrongly, such a decree can be set aside upon an application filed by the respondent under Order 9, Rule 13 of the Code of Civil Procedure, 1908.

G. ARAVINTHAN (Expert) 19 December 2010
every exparte decree/ order need to be setaside by filing necessary application and the limitation for the same is 30 days.
If period exceeds 90 days, you have to file application to setaside along with an application condone delay of 60 days

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