Obtained ex parte divorce by playing fraud upon the court

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 marriage is consummated?. 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.

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