ALERT: a Crooked way to obtain Ex-Parte Divorce


This is a generic query, not individual/personal. Suppose a husband or a wife is hell-bent upon divorce, but his/her spouse doesn't oblige to it. Infact there is no valid ground for divorce and he/she is very much aware that filing a false case without sufficient evidence would only dismiss the case. So he/she hatches an alternative crooked plan for obtaining divorce:

 

He/she files a divorce petition in court providing false residential address of his/her spouse. The postal department is either unable to locate the address or hands-over the summon to some unintended person staying at the wrong address. As desired by the divorce petitioner, his/her spouse doesn't show up at the time of hearing, prompting court to go for ex-parte judgment (granting divorce) in favor of the petitioner.

 

I am a layman, not much aware of the legal proceedings. So don't know whether I am speaking all rubbish, but raising this query in this open forum to alert/caution people against such crooked plan.

 

1. Is the aforesaid mischievous scenario practically feasible?
2. Won't the court stop all proceedings or make further investigation if the summon is not received by the intended respondent (due to address not found) or received by some unintended person at the wrong address?
3. First of all, will court issue the summon at all, if the address to which the summon is to be sent neither matches with husband's nor wife's address as mentioned in their marriage certificate?
4. What precaution can be taken by people suspecting such mischievous action from their spouse?
5. Can filing a caveat be a solution against such ex-parte divorce? For how many months does a matrimonial caveat remain valid?
 

 
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gd dy

Discussion > Family Law > Divorce > Confusion regarding non-compliance of RCR decree
as well
Discussion > Family Law > Divorce > ALERT: a Crooked way to obtain Ex-Parte Divorce

content of both threads r contradictory to each other.
moreover the modus operandi of getting ex-partee may b possible in story and film.
However nothing is impossible.
Hw tht only expert and modus operator can inform u.

 
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Dear Mr "gd dy",

 

The first sentence of this thread is "This is a generic query, not individual/personal".

 

It clearly indicates it is a general knowledge/general awareness query, not for my personal usage. Why are you trying to compare the contents of all my threads?.....I am a lay(wo)man having little or no knowledge about legal loopholes. Hoping to learn a lot from this forum, I just tried to clarify this weird idea that came across my mind....Not necessary all queries posted in this forum should be of personal usage.

 
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gd dy

my reply is generic. master mind of modus operandi can b any one. only master mind can inform its intricacy.
fail to understnd why u tk personal.

 
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gd dy

my reply is generic. master mind of modus operandi can b any one. only master mind can inform its intricacy.
fail to understnd why u tk personal.

 
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Worker

all rubbish, dear LAYMAN

 
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gd dy

one more thing.
excuse of not having ground fr filing any false case and tk great risk is not swallowable.
of course on being caught red handed any culprit gv excuse like this thgh not swallowable to even patient of mental hospital.
yes nothing is impossible bt the excuse is not swalloable.
bt hw tht only person behind this type of modus operandi tell u.

 
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hahaha.Funny way.Instead provide the correct address and bribe the postman of your wife's area to return in by marking 'refused to take' by your wife.It will be much easier.

 
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hahaha.Funny way.Instead provide the correct address and bribe the postman of your wife's area to return in by marking 'refused to take'  by your wife.It will be much easier.

 
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