Legal Question in Family Law in India
divorce deceree challenged
Ididnt want divorce but my ex after one year of desertion left abroad without informing me to canada.She was infrequent visitor to her place in india .Aftr failing to contact her further i filed for divorce as she even when in india never bothered to contact me through mediators which i tried.
after 42 months of desertion i filed divorce and got it .I remarried after the bar period and was living peacefully when she reappeared and filed for set aside of divorce decree which was xparte .
I have specific information that she was in india when the summons and legal notice was sent to her.
she claims she was not .
How do I prove that she was in india when the summons were served and she willfully avoided them .Do passports have date of entry or exit when one leaves the country and comes back.
can anyone help . is there any other way out to prove this??
6 Answers from Attorneys
Re: divorce deceree challenged
The Passports do have stamps and dates by the immigration authorities to show your entry and exit from a particular country.
Re: divorce deceree challenged
The Passports do have stamps and dates by the immigration authorities to show your entry and exit from a particular country.
Re: divorce deceree challenged
Wait for the documents filed on her behalf stating that she was in India.
Also if you or your attorney had followed the serving procedure laid down in CPC, then the serving would be considered fine and thats why you were awarded divorce by the court.
Yes, passport does have in and out dates.
Re: divorce deceree challenged
Yes, passports have dates of entry and exist in India.
The ex parte divorce you obtained from Canada has no legal value in India even if she received the summons.
Re: divorce deceree challenged
Did you obtain divorce from India or Canada?
Re: divorce deceree challenged
Yes contact your local advocate or me with full details
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
