Tanya 25 April 2018

Validity of exparty divorce taken by fraud

Hi, I am an NRI My husband filed a divorce petition under the grounds of cruelty and desertion in 2012.He also filed a custody for my girl child (who was living with my mother in India) .He filed a custody case but never came to meet the child .In year 2013 I gave custody of the child to father .He accepted the child in the court but left her outside the court premises stranded.I had no other choices but took my daughter back to my mother's place.Since I am an NRI ,it was gettting difficult form to attend all dates and my daughter was stuck in India.I had to agree to all his terms and conditions like me and my daughter will never ask for any maintaiance and all the cases like DV act will be withdrawn.It was also agreed that my husband will change the divorce petition of cruelty to mutual consent divorce.I withdrew all my cases as agreed in the document within 7 days.However,my husband did not withdrew all cases within 7 days .Rather he took an exparte divorce without disclosing in court about the agreement done in front of the judge.He send me divorce document over email after 3 months when I was already overseas.I had no other choice but to accept his fraud as I also got engtangled with my daughter's and family medical issues.Recently I got to know that he go remarried with his girlfriend with whom he was dating already.I want to know -Can I now appeal for contempt of court after 2 years?Also am I also free of agreement since he has not even obeyed the same?Can I reopen my domestiv violance case as well which I had to close it as per the agreement?Can I ask the court to setaside the divorce decree as he has done fraud with court ?

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5 Replies

Kumar Doab (FIN) 25 April 2018

Hope you shall take it positively.

What is the fraud involved!

Although in query you are posting as some duress but you had all the time and opportunity to report.

What is the opinion of your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt………….that has examnined all docs and inputs!

Tanya 25 April 2018

Hi,I definately want alimony since he has done fraud.need to know if I can or not

test123 26 April 2018

Originally posted by : Tanya
	Hi,I definately want alimony since he has done fraud.need to know if I can or not

would the money have saved your marriage ?

Put aside your EGO and see if your next marriage works out !!!

how many times have you heard " riksha , three wheeler or labor class " got divorce.. less income people always try to SAVE marriage !!

Tanya 26 April 2018

Hi,I am not able to understand why everyone teaching me on ethical terms..

I am ONLY looking for legal terms here -When a contract is made between 2 parties and one breach the contract -Does the contract become null and void or not?

What is the punishment of conciling the facts of one court to another ?

Phani Kumar. D (Advocate) 26 April 2018

Hi Tanya, Straight answers to your questions, You have mentioned that he got exparte divorce, but how, you have not mentioned. You have not clearly mentioned that how other cases are closed. With your consent or without consent ! Generally, You cannot file Contempt of Court after laps of 2 years. And there is no reason mentioned in your quire You can not reopen your DV cases. Once cases are closed with compromise terms, it cannot be challenged. If he got exparte divorce (it should be mentioned in the Order/Judgment), you can reopen and contents the case. You said that he got remarried. If divorce case filed by your husband is dismissed on merits (finally, if you contest). Second marriage is illegal. It is better to discuss with your Advocate. He will find solution.