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Ex-parte divorce filing false affidavite for notice served

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sunnygupta

Junior Member
What is the name of your state (only U.S. law)? IDAHO, ID
My friend Niece lives in India. She married to an Indian living in Idaho, ID. Marriage performed in India, attended by relatives & Friend and registered under marriage act. Boy left the girl with his parents in Botswana African Continent. Parent ill treated the girl, not allowed to leave the home. She managed to go back to India with help of relative in India. After some time, she finds her husband had filed divorce paper and got ex-party decision, giving a false affidavit for serving the notice to the girl. He represented the divorce case by himself without any Attorney. Boy sold his house, left the job, so that girl should not trace him. Girl is currently in India and filed a court case in India. What all the options available?. The boy did this marriage to collect handsome dowry and left the girl high and dry. Got ex-parte divorce without the knowledge of girl. Indian Lawyer in India will win the care in another 10-15 years with no benefit to this girl. She want to challenge the ex-parte Divorce case and sue this guy in US.
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? IDAHO, ID
My friend Niece lives in India. She married to an Indian living in Idaho, ID. Marriage performed in India, attended by relatives & Friend and registered under marriage act. Boy left the girl with his parents in Botswana African Continent. Parent ill treated the girl, not allowed to leave the home. She managed to go back to India with help of relative in India. After some time, she finds her husband had filed divorce paper and got ex-party decision, giving a false affidavit for serving the notice to the girl. He represented the divorce case by himself without any Attorney. Boy sold his house, left the job, so that girl should not trace him. Girl is currently in India and filed a court case in India. What all the options available?.
This forum is for US law only and I suspect that any options she would have would not be in the US courts. However, what does she want? Isn't she glad to be done with this marriage?
 

Ohiogal

Queen Bee
This forum is for US law only and I suspect that any options she would have would not be in the US courts. However, what does she want? Isn't she glad to be done with this marriage?
Most likely she wants her dowry returned to her or her family.If she was not served, she could hire counsel in the jurisdiction where the divorce was granted to file a 60(B) motion due to fraud and/or a motion to vacate due to lack of proper service. She could then challenge the property distribution.
 

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