luna 06 April 2016

Counter divorce & stridhan prapti

i seek legal help. my husband suddenly without my knowledge got divorce frm me. actually i wanted a mutual divorce with some alimonly. but he refused to give any alimony and cunningly send notice in the address where i dont stay, and finally got the divorce. suddenly i called up my in laws place and came to know that i m divorced already and he also got married. i got divorced in june 2015. he got remarried on nov 2015. and i came to know on nov 2015, he did not give any alimony nor he gave back my jewelries given to me by my father during marriage. they claim that they had theft in their house and the locker key was stolen. so bank has sealed the locker. and as the case is going on for the theft cannot give the jewelries. so i wud seek appropriate advice.

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3 Replies

Vijay Raj Mahajan (Advocate) 06 April 2016

You can still apply for setting aside the decree of divorce, although its quite late but you can always give reason for delay. You can also seek permanent alimony from him and that the family court will decide even if the decree of divorce for some reason is not set aside.

K.Vijayabhanu (Working professional) 06 April 2016

How can a husband without the knowledge of wife gives divorce to a house where she is not even living. Is it possible?

prabhakar advocate (advocate) 07 April 2016

It is well settled in law and a catena of supreme court cases are there that a decree obtained by playing fraud is not a valid decree in the eyes of law. If you can prove that he played fraud, his divorce decree will be set aside but also you can prosecute him for bigamy. Engage a good advocate and avail your legal rights and also recover your stridhan.