cheating in ex party divorce
Querist :
Anonymous
(Querist) 03 August 2011
This query is : Resolved
my friend has got ex party divorce by cheating his wife, he has shown wrong address & creating duplicate affidiviats & submitted to family court.
after one & half month from ex party divorce order, his wife's lawyer has submitted petition for set aside order.
he want to marry with one girl & shift to US.
can court will set aside order after one & half month?
what he can do in this scenario?
ajay sethi
(Expert) 03 August 2011
1)yes court can set aside exparte order if court is satisfied that fraud has been played upon court and divorce obtained by fraudlent means
2) reach an amicable settlement with wife
Querist :
Anonymous
(Querist) 03 August 2011
please rply soon as he his in big tension.
Querist :
Anonymous
(Querist) 03 August 2011
Thanks for reply.
Also note that, his wife has already (4 month back) filed DV case against him.
he is having two childerens.
If his wife will get set aside order then what will happen? case will reopen?
what about child custody? right now court has given both childerns in mother custody.
how much maintenance is applicable to him? his current income is 3,00,000/month & court has given 25,000/month in ex party order.
also his wife has resistered complain in human rights organisation against him.
how he will come out from this?
M/s. Y-not legal services
(Expert) 03 August 2011
Thats the fittest case for set aside the exparty order which is obtained fraudulantly..
ajay sethi
(Expert) 03 August 2011
well ur friend is cheater . he has 2 children and is paying maintenace of only 25,000 against monthly income of rs 3 lakhs . for wife and children court may award upto 75,000/considering your income and fact that your wife is not working
M/s. Y-not legal services
(Expert) 03 August 2011
Usually childrens will be allowed to mother's custody only.. My question is why the wife's counsel filed an petition for modify the maintenance amount, However giving false affidavit before court of law is an offence. May be the case will be dismissed for that sole ground.
Querist :
Anonymous
(Querist) 03 August 2011
what abt DV case filed by his wife?
Also my friend has submitted divorce petition at other court within same month & he has not withdrawn till date, how this will impact in this case?
What are the probable action will be taken by human rights pepoles against my friend?
My friend has already filed police case against his wife's brother for threatening on phone, what is impact of that?
Querist :
Anonymous
(Querist) 04 August 2011
please reply .............
ajay sethi
(Expert) 04 August 2011
1)when you raise a query be precise and to the point . after we have replied to your query you change track completely
2) you had stated that exparte divorce was taken . where is question of your friend filing another divorce petition too simultaneously in another court .
3) court will dismiss your second case as you have already obtained divorce .
4) how are human rights people involved ?
5) please engage a local lawyer immediately
Querist :
Anonymous
(Querist) 04 August 2011
Thanks Ajay Sir,
when i had talk with my friend, he told me above additional points, which i was not aware earlier.
He has filed divorce petition one at marrage place & another at both last resident (states are different)to misguide his wife.
He have fear of fraud case against him for filling divorce at two places, her wife will file fraud case against him.
He got call from one of person stating, we are from human right organisation, we got complain from your wife against u for cheating in ex party divorce, so u come to our office & meet us.
Is human right organisation peoples have rights in this case?
Querist :
Anonymous
(Querist) 04 August 2011
please reply...............
Querist :
Anonymous
(Querist) 05 August 2011
do reply............
Querist :
Anonymous
(Querist) 08 August 2011
please reply....................
