How to stop set aside application

@ Author,

1. Do not worry. Sometimes wife want divorce to be granted in favour of them instead of in husbands name to show to society that husband did not succeed in divorce claims and how right she was all along....

2. It is a well established principle that a decree (even ex part) once passed cannot be challenged by a separate suit except on the ground of "fraud practiced" on the Court. You have proved onus if Service was served properly to her, 'if you have not obstructed her not to participate in divorce case' (in  another city) then again onus from your side is proved and these two are limited grounds which she ought to have complained to revive the already decreed suit is my view. I am not going into Limitation Act as I have seen Apex Court has revived an ex part divorce even after 10 years but it is not the case in hand here.

3. Here she alleges lack of knowledge. Which is basically question of facts. Onus is yours to prove she has been well aware all along of the divorce case. How? 'Service of Summon' she is not denying. 'Mention of pending case in a rejoinder' she is not denying. 'Mentioning (knowledge) of divorce case in another suit' (her own DV Complaint case) she is not denying. So how on earth she wakes up after 4 years (as per your say here) and claiming her rights to set aside an ex part decree by alleging 'lack of knowledge of suit matter'?. Lack of knowledge is not a valid ground for her to rake up dead issue is my opinion in present fact. Also remember one you dispose your 'onus' it shifts to her to prove all the above and then only she can succeed but those (her sides pleadings) I am seeing as missing in this brief.

4. Above are your sides counter arguments. Work with your advocate and show (onus) to ld. judge all the above one by one and so succeed to dismiss her belated mischief. You will succeed is my view. 

Note:
I do not think wife was petitioner in this divorce case!

[Last reply]

even in some cases court will admit said petition and will give her a chance to contest the case and how well your lawyer shows the evidences is his art 

some times court will dismiss if your lawyer shows all the evidences to the court 

Rejoinder in what case?  Get certified copy of the rejoinder as well as DV petition certified copy and attach them with your reply to her set aside application and prove that she has deliberately delayed the matter to file the instant application along with the other facts available to you on the basic of facts of the case.

First of all thanks to Adv k . mahesh ji, adv. chandrasher ji and Mr. Tajobsindia.

Here, I would like to cite few more clarifications date wise to understand more....

July 2010 : she left my home for office and left the kid at my place...and never return till date....,

Dec 2010: moved to Z city for employment and kid was with me.

May 2011: Picked the kid from my city(X) to City Z of her place. I visited thrice to make her return but she denied on many pretext....

June 2012: I filed case of Divorce on Cruelty and desertion in X city 

June 2013: She filed case of DV in Y city and mentioned that she moved to city Y in June 2011 and she is living there only since then.

August 2013: My Divorce case proceeded for ex parte, being non serving of summons twice  at Z city and publication done in Statesman newspaper.

August 2013: on receipt of summon of DV of Y city, I placed the DV case address and sought summon to be served there thru process and Registered post. both returned.

Jan 2014:  In DV case at Y CIty, myself has filed a Rejoinder and thru rejoinder informed her that case of Divorce is running in X city and she is not representing and case can again go for ex parte and she will remain liable for this....

May 2014: She filed application in DV case court in Y city for providing information of Divorce case running in X city.

July 2014: I replied that she can take papers from X city court

July 2014; Decision of divorce done in X city basis Cruelty proved on record.....

July 2014: She filed application of setting aside being no information and summon not received by her....as well as the divorce summon sent in Z city in year 2012 was wrong as i was aware her address of city Y in year 2012 same time of filling the divorce case....

Since June 2011 to Till June 2013(summon of DV case receipt), she has not informed me in writing any address of her living in Y or any other city......, nor i was aware in any form ......Now it is the entire story....Neither she has submitted any proof that she has given me anything in writing about her exact address of city Y...........Moreover, the summons was also served in city Y, and it is also almost a year since then.....

Considering,  another fact that now it is complete more than four years separation and lady is adamant to accept her fault as well as she has denied in a gtalk chating in month of April 2014 for reconciliation in front of the relatives of both sides as well as has also sought that she should be forgiven for her all acts....what should i do.

My ex's elder brother is divorced, her mother carrying multiple legal cases of property disputes and her brothers 498A, DV and other family laws related acts against her mother, brother and father...

Please advise.................I agree, my lawyer is working but your advises help me a lot.....as this relation is totally void of love, affection, trust and husband and wife feelings....it is a burden only and has made me a high blood pressure victim also....

Thanks

She has filed a set aside petition within 30 days of the orders passed against her, so her petition will be allowed at any cost and she will be given a chance to contest the case after setting aside the decree.Let you have any valid reason and prove the same before court, she will be allowed to contest the case.