Vinayak 01 February 2016

Husband not received notice. can he b set exparte & lakhs de

dear Experts

A Husband has NOT received notice on the divorce and alimony suit filed by his wife. As per court records the notice has been sent by Regd Post AD, but NO acknowledgedment of the husband exists. Some news paper advert may have been ordered, but NO husband is checking all news papers and all small adverts for civil / criminal cases so husband is unaware. He is an ordinary guy who has to work hard to put food on the table. Unaware of the divorce (and alimony case) he lives happily.

Wife has claimed divorce and huge alimony of many lakhs on grounds of cruelty. Wife's petition is very breif on cruelty and elaborate on the claim for money !

Now :

1. Can the husband be set exparte and the many lakhs alimony granted to wife (with divorce)

2. Can wife go on execution (claiming those many lakhs) and seek attachment / arrest etc just with an exparte decree ?

3. Once husband comes to know of all the above, can he set aside the ex parte decree and get a chance to honourably defend himself (say approx 3 years of filing of suit and 1 year of decree)

4. what are the cornerstone cases

thanks in advance !!

best regards

Vinayak

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1 Replies

Vinayak 01 February 2016

Originally posted by : TGK REDDI
	1.No Acknowledgement? Did the Notice return unserved? Paper Publication is ordered only when the party is not traced. If the party provenly evades Notice, ex parte Decree is possible. It's not uncommon that some people manage postal authorities and get dishonest endorsement on Notice that the party rejected to receive it. There're cases and cases. Money-thirstness after all. 2.Yes. 3.After one year, no chance. It may be because his legal consciousness is asleep or because of his opponent's fraud and owing to no fault of his own.

1. Confirm. No acknowledgement of service.
1.1. Also Notice has not returned unserved, but no acknowledgement could be found. Husband is 100% certain that he did NOT see notice, NOR sign acknowledgement
1.2. as I said, husband has not seen the news paper notice. But AFAIK that is what is mentioned in the court papers (will counter check this point)

2. you said ////There're cases and cases. Money-thirstness after all.//// could you please refer some cases for reading and understanding . thanks for reply .

3. Husband came to know of this only after opponent filing execution and execution being ordered and property about to be attached (so approx one year after decree)
3.1. How is the husband responsible IF he has no notice all, and all the notice(s) are just presumed to have been sent (i.e.) absolutely NO acknowledgement ?
3.2. If this is really the case then it looks terrible because anyone can get an exparte decree like this and start attaching property ? not just husband wife, but even banks, lending companies etc

once again, thanks for the reply and please post / refer corener stone cases in this area

regards

Vinayak