Half divorce and chances of restitution
01-Jan-2023 (In Divorce Law)
Can an ex parte divorce be challenged successfully
I was told 13 years after a divorce summons which I didn't go. But as in laws were initiating quarrels andmy husband was beating me I took children to my mother's place
Now children are grown up I want to go back but I am not being allowed
.what are my chances of success. Husband has remarried long ago but told me only recently
I am shocked please help we are both hindu
In this regard, i advice you that you can file an application for setting aside the ex-parte decree of divorce within 3 months from the date of your knowledge. If you can prove in the court that you got the knowledge few days back though its been 13 years from such decree then you can certainly challenge that decree. But the burden of proof will be very high on you. Furthermore by doing this you can always fight for the alimony which he may have not provided. You seems to have good case if you have evidence as to which date you got to know about the decree. I am having incomplete information from your end so please provide me the complete set of facts to unable me to help you in better way. For further clarification, please contact.
Hi,
Regarding your query:
Please check whether you had received at least three notices properly or not, and whether the same is recorded in the Court File. she received the notice. Whether your signatures are on the said notices or not.
If not then at any time you may approach the said court with the plea that the said divorce is a fraud and not dissolved according to law, therefore the marriage is still valid and you continue to remain the wife according to law.
In that case, at least, two criminal charges will be imposed on your husband (1) Fraud(2) contempt of court.
It would be expedient to inspect the records of the concerned record, it is your right, - in case you are familar with the court matters.
Regarding your query:
Please check whether you had received at least three notices properly or not, and whether the same is recorded in the Court File. she received the notice. Whether your signatures are on the said notices or not.
If not then at any time you may approach the said court with the plea that the said divorce is a fraud and not dissolved according to law, therefore the marriage is still valid and you continue to remain the wife according to law.
In that case, at least, two criminal charges will be imposed on your husband (1) Fraud(2) contempt of court.
It would be expedient to inspect the records of the concerned record, it is your right, - in case you are familar with the court matters.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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