Divorce
Anjana
(Querist) 24 January 2013
This query is : Resolved
one of my friend husband took exparte divorce by playing fraud upon the court .By putting false allegation that the marriage is not consummated that his wife did not agreed for that .After 8 months wife contested the exparte divorce and was set aside saying it was false and also she did not know he filed divorce on her, though one side he is in touch with mails with her. she was waiting with blind hope that her husband will send the visa papers soon after the marriage .Later she filed 498a after one and half year by losing trust on him .
She says he left to foreign with in 21
days of marriage by saying that he will send visa papers and from there there is no proper response and later he saw him in court after 2 and half years when exparte divorce was set aside .
Later her husband went to appeal to high court .Even high court declared the same lower court order. the order sated that he filed exparte evidence when he was in 498 a offence for jail and his presence was created as if he was in court. so in that ground the court declared he played fraud upon the court.
Now here my questions are:
1 . Husband filed divorce when he was in foreign by sending the divorce papers in courier to his lawyer .The lawyer managed husband signs and even attestation done by other lawyer stating he was present before him and signed by putting particular filing date and filed the the petition as in person.
so basing on dates the husband presence shows he was in foreign.
and even at the time of exparte evidence he was in 498a custody in the same way his presence shows in court basing on this wife file I.A 340 crpc application.
Is this presenting the documents in court comes under wrong evidence, forgery and inperson?. Because on that ground itself court said fraud and exparte decree was setaside.
2 she filed case on the husband lawyer also for giving misrepresentation when husband was jail for chief evidence and how the filing was done in court at time of filing the petition as inperson on same date and time when he was out side the country
for this now the lawyer says he was not all lawyer for her husband because though he filed vakaltha the court did not permit to do even GL number.
But in exparte order copy the court mentioned the name of advocate saying decree was granted by hearing the contents of so and so petitioners advocate the petitioner filed chief evidence and treating it has chief witness one.
3 Now main petition is running.How wife can prove marraige is consumated?. The consummation was done in hotel and in hotel register only husband sign is there.
4. If the divorce petition is dismissed on fraud grounds and intentionally he took divorce by cheating the wife to bypass the criminal offence . Does 498a and domestic violence will be stronger? Basing on this can she get her dowry back which was given on demand.
Devajyoti Barman
(Expert) 24 January 2013
1. Filing false and forged documents is grave wrong done by that person. You can initiate criminal action against him.
2. Lodge complaint in Bar Council for setting disciplinary proceeding in motion against him.
3. If the suit is of the husband then let him prove non consummation first. if he fails to prove then you need not prove consummation.
4. yes , surely.
Raj Kumar Makkad
(Expert) 25 January 2013
You have no need to prove the matter of consummation rather the fraud played by the husband of your friend and his lawyer are sufficient to dismiss his petition. All pending cases shall definitely become stronger one your friend successfully proves all facts on file.
ajay sethi
(Expert) 25 January 2013
agree with experts
Anjana
(Querist) 25 January 2013
Thankyou so much to all
Anjana
(Querist) 26 January 2013
Hi to all once again
In between these procedures came to know he married and had baby girlalready the fraud exparte decree was seta side .
so we came to know he married after the appeal period is over.
even at the the of seta side or in any counter affidavits filed by him did not reveled he got married.
My questons here
1 . Does bigamy attracts now?
2. How bigamy can be approved?
3 if we submit the baby's birth certificate
and hospital records is it valid enough? 4 Even though if we submit all these documents in court does court send for DNA test finally again? For that mother permission is required?
5 What that permission is called in legal term ?
Anjana
(Querist) 26 January 2013
could any one send judgements regarding the filing of documents in court wrong way?
V R SHROFF
(Expert) 26 January 2013
fraud committed by way of false documentation is punishable.
To prove the fact "false allegation that the marriage is not consummated that his wife did not agreed for that" burden lies on husband to prove it beyond doubt.
You are Lawyer.
If u r Jr. Advocate, take help of Sr in your Court who knows u and ready to help.
Raj Kumar Makkad
(Expert) 26 January 2013
Section 340 Cr. PC is also attracted in the given matter.
Anjana
(Querist) 26 January 2013
can any one suggest to my bigamy question
