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satya (Business)     18 July 2009

appeal after expartee decree

My husband(ex) lives in US. He filed for divorce in India and got an expartee decree. I am in US and I wasn't able to attend the court hearings during that time. Now I want go for an appeal. How many days will I have to go for an appeal in an expartee decree.



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 2 Replies

R N Thiruneelakanden (Advocate)     31 July 2009

Satya, you being the resident of U.S at the time of passing of ex-party decree now you can file a petition to set aside decree at where the court the ex-party decree was passed.

lawyer_rajiv (9811284735) (lawyer)     31 July 2009

before going for an appeal, you should move an application before the court where the petition is pending and in all probabilities, the court would set aside ex parte order.  an ex parte order does not mean that your husband got the divorce.  he still has to satisfy the court that he is entitled for divorce.  where is your case pending?


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