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Exparte divorce husband treacherous plot
07-Aug-2025 (In Divorce Law)
husband wants to take exparte divorce treacherously without the knowledge of wife by doing some mean ways, sending notice to other address and received by some others but producing in the court as wife received. Then wife doesn't attend court and grants exparte divorce to husband. What can a wife do to avoid this husband treacherous plan before it is executed. Is Sending a registered letter to family r district r High court judge will solve the issue so that judge won't sanction divorce.
If ur husband is looking for exparte when u not attending the court before the orders if u attend the court he will not get exparte divorce and even if he gets exparte divorce then we can file a petition in court and reopen the exparte divorce
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Adv. Rajkiran Govindcar
Adv. Rajkiran Govindcar
Hyderabad | 700+ Answers
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The wife should immediately file a petition under section 151 CPC in the concerned Family Court to bring to the Courts notice, that she never received summons and that the husband is attempting fraudulent ex-parte proceedings. She can also file a Transfer Petition in the High Court if the case is filed in a distant or manipulated jurisdiction. Additionally she may lodge a complaint with the Police and send a registered legal representation to the Family Court Judge through her advocate stating the fraud. The Courts do not permit ex-parte divorce can be set-aside. Immediately take legal action.
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Adv. Pavani Kumari
Adv. Pavani Kumari
Guntur | 400+ Answers
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we need to appear before the concern court and file vakalat and also seat time for counters now also we can also file a petition for setting aside previous order and also participate in court proceeding
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Adv. Kishen Samuel
Adv. Kishen Samuel
Secunderabad | 25+ Answers
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If a husband is attempting to get an ex-parte divorce by fraud—such as sending notices to the wrong address—the wife can take immediate preventive steps:
File a caveat in the family court where he may file for divorce. This ensures she is notified before any order is passed.
Inform the court in advance—send a registered letter or legal notice to the concerned family court, explaining the husband’s intent and requesting notice of any such case.
Check periodically at the local family court registry to see if any case has been filed in her name.
If an ex-parte order is passed fraudulently, she can file to set it aside under Order IX Rule 13 CPC, citing non-service of notice or fraud.
Sending a letter to the judge’s office won’t directly stop the divorce, but a proper legal step like filing a caveat or a preventive application will be more effective.
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Adv. Jaya Prakash
Adv. Jaya Prakash
Hyderabad | 25+ Answers
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If you suspect such tactics, immediately file a caveat petition under Section 148A CPC in Family Court/District Court so no ex-parte order is passed without hearing you. Also inform the court in writing of your correct address with proof and request the court registry to record it for all service of notices. Keep track of court filings through the e-courts portal to detect any case filed by your husband. If any ex-parte decree is still passed without proper service, you can move an application under Order IX Rule 13 CPC to set it aside citing fraud in service.
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Adv. Mrudhula Jahnavi
Adv. Mrudhula Jahnavi
Serilingampally | 200+ Answers
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