Divorce case

shashikant bhardwaj (Querist) 10 April 2015 This query is : Resolved
Dearest Experts.

I need some help

my question is One party not appear in court. court decided x-party decision. final divorce degree same the last hearing in court.or next date.

what is the time limit re-open case in family court. how to re-open case procedure in the court.

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SAINATH DEVALLA (Expert) 11 April 2015
An appeal can be made in the high court to reopen divorce case within 90 Days from the date of exparte decree .Is it divorce filed by one party or MCD? If it is MCD, there is no chance of appeal. U have given just a one line query. U have to give us a detailed extract of UR case.

Rajendra K Goyal (Expert) 11 April 2015
State full facts.

Dr J C Vashista (Expert) 12 April 2015
Incomplete information.

T. Kalaiselvan, Advocate (Expert) 13 April 2015
The limitation for setting aside the exparte decree is one month from the date of announcement of judgement.

T. Kalaiselvan, Advocate (Expert) 15 April 2015
If the respondent was set exparte, then the court will adjourn the case for exparte evidence and after that exparte decree will be pronounced. After pronouncement of judgment, within thirty days the respondent can file petition for setting aside the exparte decree in the same court and beyond this thirty days, he may file an additional application seeking to condone the delay under the provisions of article 5 of limitations act.

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