Regarding ex-parte divorce- Hindu Religion
06-Mar-2023 (In Divorce Law)
I have 2 questions:
1. Can my wife take an ex-party divorce by filing case in any court in India... She can go to Raipur or Kanpur and stay on rent and file the case in the court over there. Even if notice / summons are issued to me, it won't reach me as I have shifted and she DOES NOT have the new address. She can publish an article in newspaper and the notice would be deemed to have served OR get the notice pasted at my old residence.
2. Can my wife make good use of the Mediation document signed both by her and myself for ex-party divorce…? It was signed long ago….it has pointers regarding custody of kids with me, no alimony being given to her and no maintenance asked by me (from her)
NOTE-: As on date no case exists. The contested case was Dismissed on Default with a penalty of 25,000 on my due to absenteeism. The case is shut and I haven’t paid the fine.
Answer 1) Yes your wife can file case against you in any family court where does she reside at that point of time. Court notice can be pasted your last known residence if it is not taken by you or on your behalf at that address and also court can go for publication of your notice in any two leading newspapers where you have been residing or working for gain at last known time.
2) No any mediation paper can not be used as an evidence in court but it can give a positive look to the case for which it has been produced. However, an exparte case shall only be decided in favour of petitioner when he make satisfy the court about his allegations mentioned in the petition otherwise not. Judge is to be satisfied with the evidences and facts of the case to get a final order in favour of petitioner/ Plaintiff/ applicants/ or Suffering person.
2) No any mediation paper can not be used as an evidence in court but it can give a positive look to the case for which it has been produced. However, an exparte case shall only be decided in favour of petitioner when he make satisfy the court about his allegations mentioned in the petition otherwise not. Judge is to be satisfied with the evidences and facts of the case to get a final order in favour of petitioner/ Plaintiff/ applicants/ or Suffering person.
yes she can file from any place regardless she has the evidence to prove it. the ex-parte divorce decree can be set aside on relevant grounds. and a fresh appeal can be filed on your behalf at any court that falls under your geographical jurisdiction.
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