This query is : Resolved 

07 November 2018

Parties married as per Hindu custom. Husband filed Divorce petition and obtained decree of divorce expartee. All steps returned unversed to the wife and the noted reason in the returned envelop is door locked, even though there was always persons in the address. The husband is trying to get married again and on his attempt wife came to know about the expartee divorce order. The order was made before 7 months. so there is delay also. Whether the wife can get a stay of the divorce order so that she can prevent her husband's new marriage ?. Is she file appeal before High Court.?

Dr J C Vashista (Expert)
07 November 2018

What is your locus standie and concern, if the query is realistic and not academic ?

Vijay Raj Mahajan (Expert)
07 November 2018

It all depends on the evidence the wife has to get the ex-parte order and decree of divorce set aside.
It's best advised to wait for sometime before moving ahead with remarriage second time.

P. Venu (Expert)
07 November 2018

The trial court itself can revoke the ex-parte decree and decide the issues on merits if sufficient cause is shown.

SHIRISH PAWAR, 7738990900 (Expert)
08 November 2018

You may prefer the application before same court or you can appeal in high court.

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