Husband seeking exparte thru illegal means

he cant divorce you exparte so easily.even if he does so you can file a set aside petition.file a caveat in the court  so that the case he files doesnt go exparte.

CAVEAT
IN THE HIGH COURT OF DELHI AT NEW DELHI
Original /Appellate Civil Jurisdiction
Caveat No.____________ of 2002
In the matter of a suit/ appeal/ proceeding instituted (give the particulars) or expected
to be instituted, by
______________________________________... Petitioner (s)/Appellant(s)
Versus
______________________________________... Respondent (s)
To
The Registrar
Delhi High Court
New Delhi
Let no order (here state in detail the precise nature of the order
(apprehended) ________________________________________ ______________
______________________________________...
be made in the above matter without notice to the undersigned.
Name & address of the
Caveator and his counsel, if any,
File on _________________________

In your case first personally enquire with the court section office and take the details ofthe case if he filed divorce cases against you and if not talk to your lawyer about caveat application procedure or with the section clerk and found out the details and fiel the application

about caveat petition details apart from the above application details

either party think that any adverse order will be passed against him then he can file a caveat u\s148-a c.p.c.The Hon'ble court will not pass any order untill and unless heard by the caveater expect in case of emergency in which the ld.court may pass any order.Normally the caveat may be filed in civil cases and not in criminal cases.
The caveater have to sevice the notice to the opp.party.
The caveat is valid for 90 days

points to be remembered while filing caveat is

1. Caveat can be filed only to oppose the application and not to support.

2. Notice upon the caveator filing the date of hearing of the application is a must. It is a mandatory under the Section 148-A

3. Section 148-A applies only to trial courts, but not appellate courts

4. In the execution of the decree 21, Orders 22 and 37 enact for the issue of a notice to the judgments debtor, under some given circumstances. This gives the meaning that in cases not covered by such provisions, notice of execution is not necessary. Therefore, the judgment debtor is not entitled to a notice of an execution of a decree at the initial stage by lodging a caveat anticipating such an execution.

5. In Reserve Bank of India Employees Association Vs RBI the plaintiffs filed a caveat before the court. The court before expiry of 90 days, issued an interim ex parte order against the plaintiffs without serving them a notice and without hearing them. The ex parte interim order was held to be bad by the Supreme Court

Mr Raj 123,

UR profile dosen't say that a U R a lawyer, 

U R initial answer to this query "Girls does the same tricks" is un related. And UR sugesstion for Lr.Friend Saravanan tostudy law is highly objectionable, and it should not be repeated again.

Dear Querist, 

Right now U R foreseeing only presumptions, about U R husbands acts in future.Other things aptly advised by Adv.Saravanan and Adv.Mahesh.

@ Mr. Raj 123Your 

I am really surprised to see your advice to Learned Mr. Saravanan S. WHICH IS NOT ONLY OBJECTIONABLE BUT UNETHICAL and I CONDEMN IT.

@Confidential,

Your apprehension is genuine.  An unscrupulous husband  can resort to illegal means to get ex-parte decree and it is not strange in Indian laws.  But, there is a golden principle in the Indian jurisprudence.  Any decree/order obtained from the court by fraud is absolutely null and void and non-est.  Once, the victim party approaches the court against the decree holder, the decree obtained by fradulent means would be set aside and the case starts afresh.  Important it is, in such cases where decree is challenged on the ground of playing fraud, there is no limitation and the offended party can approach the court immediately after knowing that fraud has been committed against her, even though it is 12 years after the decree is passed.  So, do not sweat it on account of fradulent divorce decree, you husband may obtain.

But your worry has got another dimention and you want to preempt any of such illegal acts your husband has got gall to adopt.  You want to stop him before he obtains any such ex-parte decree.  Then you follow the following steps:

1.  Through your advocate publish a notice in local newspaper saying that your address is so and so and any attempt by your husband to take divorce decree without issuing proper notice to the given address is fraud and void and you would take appropriate action against him, if he attempts to do so.  Keep this paper with you and if he really gets ex-parte without serving the notice on the notice given in the advertisement, you will get relief against such decree.

2.  He can file divorce case in three places - 1. where marriage has taken place 2.  Where both have resided together last time 3.  Where you are presently residing.  In these three places, in the family court  you file caveat petitions as suggested by Sh. Sarvanan and refile it after every ninty days.

In this way you can safeguard your interest.  Do not use the word 'damn' before the court and do not denigrate your advocate and as a lawyer I do not appreciate if my brother is insulted.