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After ex parte divorce decree wife remarried, can she be prosecuted?
14-Dec-2023 (In Divorce Law)
My cousin brothers wife has a got an Exparte dicorce decree in her favour by providing court wrong address of my brother .She remarried on jan 2017 the decree was passed on jan 2016.We came to know about it this month .Can we challenge her second marriage in high court on basis of fraud??
Within one year from the exparte decree remarriage is a offence . If her marriage was solemnized after one year then you are advice to set aside the exparte decree 1st on the grounds of fraud then you have a case
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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You can appeal before the Honble High Court by challenging the trial court order but you have stated that your cousin's wife has made some fraudulent practices.Hence you have to mention what type of wrong she has done.consult an advocate.
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Adv. Lalatendu Das
Bhubaneswar | 25+ Answers
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If the time has been lapsed for appeal in high court then there is no bar to marriage , but at best you can file an appeal in the High court with specific reason to hear your case.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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Dear Client,
My considered opinion would be to approach the Family Court which has passed the Ex-parte divorce decree in favor of the wife and set aside the said ex-parte order on the plea that now you are willing to contest the matter. Accordingly, fresh notices shall be served upon you and you can contest the divorce and put forth your allegations.
The fact that she had resorted to such a step to procure a decree of divorce in her favor indicates that she is not willing to reside with her husband. Pursuing the divorce proceedings even after being allowed to do so by the concerned Family Court shall serve no purpose if the ultimate relief that can be granted in a divorce proceeding is the dissolution of the marriage between both the parties. Rather, it may entail further costs on the Husband and he might be asked to pay maintenance as well.
As regards your query whether the subsequent marriage can be challenged in the High Court, it is trite to mention that the factum of fraud being played upon by the wife, by way of colluding with the postal service/process server or howsoever it might have been done to manage the sufficiency of notices, has been played upon the Family Court which passed the ex parte decree of divorce. The High Court would be hesitant to entertain this and rather it would direct the husband to approach the concerned Family Court.
As an alternative, you can bring the factum of such a fraud before the Family Court and seek damages in a civil court of appropriate jurisdiction.
Regards.
My considered opinion would be to approach the Family Court which has passed the Ex-parte divorce decree in favor of the wife and set aside the said ex-parte order on the plea that now you are willing to contest the matter. Accordingly, fresh notices shall be served upon you and you can contest the divorce and put forth your allegations.
The fact that she had resorted to such a step to procure a decree of divorce in her favor indicates that she is not willing to reside with her husband. Pursuing the divorce proceedings even after being allowed to do so by the concerned Family Court shall serve no purpose if the ultimate relief that can be granted in a divorce proceeding is the dissolution of the marriage between both the parties. Rather, it may entail further costs on the Husband and he might be asked to pay maintenance as well.
As regards your query whether the subsequent marriage can be challenged in the High Court, it is trite to mention that the factum of fraud being played upon by the wife, by way of colluding with the postal service/process server or howsoever it might have been done to manage the sufficiency of notices, has been played upon the Family Court which passed the ex parte decree of divorce. The High Court would be hesitant to entertain this and rather it would direct the husband to approach the concerned Family Court.
As an alternative, you can bring the factum of such a fraud before the Family Court and seek damages in a civil court of appropriate jurisdiction.
Regards.
Helpful?
23+
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Adv. Sandipan Mohanty
Bhubaneswar | 100+ Answers
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