Can my spouse take an ex-parte divorce
Hi! I will mention my concern pointwise in 5 points for your quick and easy understanding.
1. My wife was caught in Adultery red handed 5 years ago by me. I caught her red handed in company of a boy in a Guest House.
2. There were 2 cases filed. One filed by my Father (Permanent Injunction) wherein my wife can't enter his home. (FYI, I stay with my father only). Other case was filed by me by me..a Divorce case in Family court...that's a contested divorce on the grounds of Adultery committed by my wife.
3. Regarding my father's case, order has been passed that my wife can't enter my father in law's house. Order was passed just 2 weeks ago. Regarding divorce case, it was "Dismissed in Default" about 1 year ago as I was not appearing in court. So as on date, no case exists. Point to be noted that in Permanent Injunction's suite, in the order it's clearly stated that my wife hasn't entered the suite property for 5 years.
4. I fear that my wife can get a divorce through ex-party if she files a case in any court within India. If she sends notice as well, it won't reach to me as I have shifted my residence and she doesn't have any details of my NEW residence. Even in both the 2 cases (as mentioned above in Point 2), only the old address is mentioned.
5. I have 2 kids and they both stay with me. My wife doesn't want kids and both my kids want to stay with me only. There was a document signed in Mediation by both myself and my wife (when the Permanent Injunction suite was ongoing) to which 'I' have later on disagreed. Major points were pertaining to Custody of child, No alimony asked by her and No maintenance asked by me.
I have 4 questions:
1. Can my wife take an ex-party divorce by filing case in any court in Delhi or India...even if notice / summons are issued to me, it won't reach me as I have shifted to a new residence and she DOES NOT have the new address.
2. Can my wife enter my father's residence? In the order (Reference point 2 above) the old address is mentioned. Will that order be applicable for NEW residence as well? Though she does not know my new address, but if she wants, she can easily find out one.
3. If she acts smart, she can change her residence to any part of India and then can file a Divorce case in the respective state. Is there any way out I can find online (through Court's website) that my wife hasn't filed any divorce case in any Court of Law in entire India? I am sure there must be hundreds of courts spread across entire nation.
4. Can my wife bank, rely and make good use of the Mediation document signed both by her and myself for ex-party divorce?
I stay in New Delhi by the way.
Asked 4 years ago in Family Law
Religion: Hindu
Slight Addition to my Question 1 -:
Original Question - : Can my wife take an ex-party divorce by filing case in any court in Delhi or India...even if notice / summons are issued to me, it won't reach me as I have shifted to a new residence and she DOES NOT have the new address.
Addition to this question-: Wife can also paste the summons / Notice at my old house OR given a small publication in the newspaper (which to the best of my knowledge) can be deemed as Summons / Notice served. Further, my summons can be received by my neighbor.
So what shall I do in such case!
I would certainly NOT like to restore a divorce case from my end as during Dismiss in Default judge ordered a fine of Rs. 25,000. If she moves to Jaipur or Kanpur or Raipur and stay there on rent and files divorce case in that court, I would never ever come to know! She can publish a newspaper article and the case may proceed exparte
Please throw some more light on this.
Asked 4 years ago