I need urgent valuable advice of experts here on folloy issue :-- my brother got divorce from his wife 14 years back ( ex-party for cruelty) his wife never objected to this ex-party divorce order in 14 years.. but now after death of my brother and death of parents...she recently filed petition in family court to set aside this divorce order with intention to get property of my deceased parents.. she says that this order was issued on ger back and she was not aware.... Kindly guide me ...what should i do
Summons cannot be served on the dead person. However, anything can be done in our diluted judicial system. You, therefore, file a Party impleading petition before the court and make yourself party to the proceeding. If you can convince the court about her fraudulent tactics, then court will dismiss her petition.
In what way you can step into the case and what authority/powers. Collect such evidence to establish that she is aware of the expartee decree long back through AADHAR or voter card or some other Public records which do not state her husband's name in last fourteen years. Contact local advocate and ask him to study her statements for the delay.