Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ganapathi (Software Engineer)     15 March 2016

Ex-parte divorce fraudulently .. how will alimony work..

Hi All

 My wife filed 498a package one year ago in a different state ..

  And now she has supposedly gotten ex-parte divorce in a remote village in the state she filed 498a but not in the same city she had filed 498a.

 She obviously sent notice to wrong address and prolly published in a local newspaper of that small village and has claimed huge alimony and got the order about 4-5 months ago.

 Now my questions.. 

  I didn't want her to get divorce without closing 498a cases but she has gotten ex-parte fraudulently.. whats my recourse?

 She has claimed huge alimony and got the order ... how will cort execute it .. what are the consequences for me, and also its a different that I was born, lived and married her and she also lives in my state so will court have jurisdiction for property attachment etc..

 She remarrying from the rumors what happens to alimony and everything after she remarries.

 She may not get a marriage certificate but only marry in temple what happens in this case?

 Also, if she marries with a marriage certificate in a different place how will get that certificate and know about her marriage?





 1 Replies

adv.raghavan (Advocate,9444674980)     16 March 2016

If you really want to get along with her;

Set aside expartie order in the same court on dismissal you can opt for appeal.

Agaist huge alimony you have recourse in appeal, get it  stayed , recovery proceedings will take lot of time, no need to worry about that now. For attachment of your property court has powers.

do not go by rumours, if you have concrete information then act on.

If you really think she got remarried, then it is advisable to get rid of 498A and  alimony case and lead normal life.


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