my husband fraudulently got ex party order with out my knowledge and illegally married another lady while living with me. I'm arguing to set aside the decree and punish him in front of law . the case is going on more than 2 years. sir my doubt is is there any possibilities to return back the main H.M.O.P by him and make the case to extend or to become useless. give me a solution.
Asked 2 years ago in Family Law from Cuddalore, Tamil Nadu
The possibility or lack of it can be gauged only after perusing threadbare the entire factual matrix of the case. Since you have filed for restoration of the case you have no option but to prosecute it with all due diligence. If court does not restore H.M.O.P then you may move the higher court.
Hi, if the summons dully served to you and in spite of that you have not appeared before court then chances of restoring the Main Petition is very less however it depend upon the facts and circumstances of the case.
1)how did your husband manage to get exparte orders?
2) was summons not served at correct address?
3) what are grounds taken by you for setting aside exparte order?
4) judicial process does take time but if order has been obtained by fraud it would be set aside .
restoration will be granted if have proper grounds
Advocate, Greater Noida
Ex parte order for divorce will be set aside if proper ground for no appearance can be shown. Secondly check the case record how your husband served the summons prior to getting the ex parte order. If you find any anomaly there that may be another strong ground to set aside the ex parte order.