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ex parte set aside

Page no : 2

meenakshi goyal (meenugoyal25@yahoo.com)     27 February 2011

i want to know that if i will win this case and proove that my husband took ex parte divorce by fraud then will my marriage continue and if between this time when i win this case he again married then that current marriage will be valid or not. if i not divorced him how this marriage be valid. it was all played by fraud he cheated me after 13 years of my marriage. he ruined my and my childs life ruined.i want to punish him.my mistake is that i signed summons he took me in his faith and i was cheated by him for my full faith in him.please help me.

meenakshi goyal (meenugoyal25@yahoo.com)     27 February 2011

i want to know also if dasti summons issued and this summon received by my husband then notice of pulication will be given or noy bcz he signed it and what will happen further in my case of exparte divorce set aside how much time will it take to set aside my case bcz i m very much upset nowadays.

Siddharth Kulkarni (Software professional)     27 February 2011

Meenakshi, stop gaining sympathy over here. Learned folks here are not fools to not understand what you are after. Everybody has Dr. Jykl and hyde in them so stop protraying urself as bharat ki abla nari. You very new about the divorce and chose to stay away from the court. Now you see as an opportunity to extort some money and hence all this. You have also brainwashed your kid so that he says what you want in the court. If the guy has harassed you why not forget him and move along in life. But thats not the case.. all you are now looking at it as an opportunity to harass him and extort money. Wives like you are menace to the society

Guest (Guest)     28 February 2011

Madam,

The answer is already given in my earlier replies.  You have to sit calmly and read them thoroughly to get answers to your questions.

If your husband has received dasti notice, you need not worry any further.  The court will give him one or two opportunities to present in the court and reply to your application seeking to set aside ex-parte divorce decree.  If he does not appear, the court will take your application and hear your advocate and if the court is convinced that a fraud has been perpetrated by him in getting ex-parte divorce decree by obtaining signature from you on court notice mischevously, the divorce decree will be set aside.  Again,he will be given opportunity to prove his contentions in the divorce petition to get divorce decree and you will be given full opportunity to contest the case.

Now, second question.  After obtaining ex-parte divorce decree fradulently, if he married some other lady, what would be the fate of that marriage and that lady.  If you prove that the ex-parte decree is obtained fradulently, the second marriage is void.  Further, you will be entitled to prosecute him for bi-gamy. 

I hope,I have clarified all your doubts.  Every thing depends upon the contents of your application seeking to set aside exparte decree (how forcefully you put your submissions about his fradulent activity and how much your advocate could convince the court). 

Wish you best of luck.

1 Like

meenakshi goyal (meenugoyal25@yahoo.com)     28 February 2011

thanks a lot now i m clear for my doubts thanks again for guiding me.

meenakshi goyal (meenugoyal25@yahoo.com)     07 March 2011

i want to know that in my case arrest warrant can be issued or not


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