Uncontested divorce decree - setting aside


A wife has appealed against an uncontested divorce decree (Not exparte).

She came to first few dates of the divorce case filed by husband and never came after that. She was appearing in another case (DV) at the same time in same court premises (Not same judge). Now after the decree she has appealed to higher court, to reopen the case and hear it on merit again? (reasons given are vague such as not aware of dates, wrong information passed to her by husband etc)

Is this allowed by court? Can someone share  case law where re opening of uncontested case is not allowed

 
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Dear querist,

In case wife has bonafide ground for non appearance then only court will reopen the case.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 
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It is also one type of delay tactis
 
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Thanks. Is there any Law/Case law that can be reffered for that?

 
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Advocate

Most of the cases it is allowed.  Nevertheless, you need to strongly oppose it.  Since you have mentioned that she was attending DV dates in the same Court and had initially attended the Divorce proceedings, collect the roznama and annex it to your reply to support your contention that it is nothing more than a delay tactic to harass you. 

 
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