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Can RCR be set aside if it is obtained by fraud by the wife
24-Apr-2023 (In Divorce Law)
My wife got exparte degree of restitution of conjugal rights in Oct 2013by fraud n misguide to court , she state in her petition that there is no litigation pending between the party in any court, but truth is that at that time divorce case is pending in another court and dv act is also filed by wife same day filling of sec 9 in may 2012 , I was appeared in case after nine month when I came to know and set aside the exparte .court costs to me 1000 and order to pay litigation exp , as I was filed divorce case before sec 9 .so some adv suggest me not to defend sec 9 case ..and not to pay litigation.. after that court allow exparte degree to my wife in 2013 , in Nov 2011 I was withdraw divorce case and after that my wife file divorce case.. now can I set aside sec 9 case which obtain by fraud
Dear Client
An ex-parte decree can always be set aside if you prove to the court that you had sufficient reason for not appearing before the court on the date of hearing or that you were not having any notice of the case. Plus there is no mandate to file section 9 case before filing the case for divorce. You can also take a criminal action against your wife for not disclosing aabout the pending case to court.
An ex-parte decree can always be set aside if you prove to the court that you had sufficient reason for not appearing before the court on the date of hearing or that you were not having any notice of the case. Plus there is no mandate to file section 9 case before filing the case for divorce. You can also take a criminal action against your wife for not disclosing aabout the pending case to court.
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Adv. Suksham Aggarwal
Ambala | 100+ Answers
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Hello recent kya stage chl rhi h cases ki...app apni wife ko divorce dena chahte ho to ddivorce wale matter ko contest kariye or agr apni wife ko bulana h to sec 9 contest kro..what do u want.
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Adv. Neelam Rai
Faridabad | 100+ Answers
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