• Ex-parte divorce

Yesterday I got to know that, my wife got an ex-parte divorce almost 1 year ago and she getting re-married to someone now. I believe, she gave a wrong address to the court so that i don't receive court notice(s).


1. Can I stop her marriage in any way ?
2. or Should i wait until she gets re-married to someone else and file a bigamy ?
3. What options do i have now ?
Asked 1 year ago in Family Law
Religion: Hindu

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16 Answers

  1. An ex parte decree obtained by giving false address of respondent is fraudulent divorce decree. There is no limitation for seeking aside such decree. Appear in Court and get the decree set aside.
  2. It is difficult to get complaint for bigamy registered against wife as there is decree of divorce though fraudulent.
  3. Immediately file an application for seeking the decree set aside serving notice on her, if after receiving she marries, than you can file a complaint for bigamy.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

1. You can file an appeal and get a stay order 

2. It will not a case of bigamy since divorce has been granted and the same has not been challenged. 

3. File an appeal immediately 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

file application to set aside exparte decree

 

2) she can legally remarry and no case for bigamy is made out 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1.  You cannot physically stop her marriage.

IOf you came to know about the exparte divorce then you may have to rush to the court to file a set aside petition to set aside the exparte divorce decision.

But the court cannot stop her marriage or nullify the remarriage if already done because it is more than one month from the date of passing the orders for exparte divorce. 

What were you doing all thes one year without knowing her activities, because if at all the divorce was granted one year ago, she certainly would have filed the divorce case at least one and half a year ago, therefore it can be deemed that you were not living together for a period over two years, 

Therefore it cannot be said that she had given a wrong address to obtain this divorce fraudulently since you might have changed your address in the period of separation which she may not be aware hence she had sent the summons to the address known to her, however this will not stop you from filing a set aside petition, but mere filing the set aside petition will not stop her from going ahead with her proposal to remarry until and unless there is a restrain order from court.

In that case you may have to file an application before the court along with your set aside petition seeking to restrain her from marrying again in the course of the court taking decision to set aside the exparte divorce decision. 

There is no question of she committing an act of bigamy by marrying again especially when she has a divorce decree granted by a court of law. 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. You should take the certified copy of that divorce decree from the same court , and file an application before the court for setting aside/cancel the said divorce decree passed in your absence. 

2. The limitation period for filing this application is 3 months from the date of passing decree , and hence bigamy not applied without cancelling that decree of divorce. 

3. As mentioned above. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Send a legal notice to her prospective groom stating that he is going to marry a married woman and he may be duped into marrying her. 

Moreover send a legal notice to your wife too and file an appeal against the ex parte divorce decree in the High court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you can file a case against her on the ground of fraud and misleading court.

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

File setting appeal in the high court 

Tarun Singhal
Advocate, Chandigarh
38 Answers

5.0 on 5.0

You need to challenge the ex parte order in the same court first by filing a petition to set aside that order, depending upon availability of limitation for doing so in consultation with a competent lawyer. If she remarries, you cannot challenge that on the grounds of bigamy, as a competent court has already passed a divorce order in her favour.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

1.&2.  If she has already obtained the decree of divorce, then her remarriage will not be considered as an act of bigamy.

 

3.  You should obtain copies of all the documents of your said case to ascertain based on which document/evidence. the Court has considered that you have received the Notice for which the case has proceeded ex-parte for your non appearance.

 

4. If you find that there has been a gross mistake made by the lower Court, you can approach the High Court praying for setting aside the divorce decree passed by the lower court and passing an order upon the lower Court  directing it to rehear the matter  and also restrain your wife in remarrying till the matter is decided by the lower Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1) if notice ahs been received by person posing as her husband no paper publication is required

 

2) substituted service is required only when summons has not been served 

 

3) it has to be published in city wherein you are residing 

 

4) court considers affidavit of service filed by spouse before passing orders for exparte 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. If the court has accepted the case and taken on its file then it cannot be considered as a fraudulent activity. 

2. The court will pass exparte order only after fully satisfied with the sufficient service of summons which includes newspaper publication. 

3. It will be published in the address of the respondent. 

4. Sufficient service of summons 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. To ascertain the reason why & how the Court has considered that you have failed and/or neglected to appear before it even after being served with the notice, you are required to inspect the records and if you find that there ha been no repeat attempt to service the notice or no paper publication or some one other than you/your family member has signed the receipt of the notice, then you can approach the High Court as suggested in my earelier post.

 

2. No decision can be taken by you now based on presumption. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you can file a case against her on the ground of fraud and misleading court.

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

Yes you can do that take a stay order for marriage as your wife defrauded the court by deliberately giving false address.

 

 

 

 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Please be guided by my earlier advice.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

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