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Jaslok Gandhi (g)     22 May 2011

Jurisdiction query

If I get Ex-party divorce from Mumbai Family Court and my wife wants to get it set aside from Ahmedabad Family court, is it possible?

Also if 30 days elapse can she appeal for setting aside the ex-party in Ahmedabad HIGH COURT ?

Please guide.



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 3 Replies

Arup (UNEMPLOYED)     22 May 2011

If I get Ex-party divorce from Mumbai Family Court and my wife wants to get it set aside from Ahmedabad Family court, is it possible?

---   yes possible but not at family court but hc of the state.

for ex party, notice to be served properly. otherwise it get set aside easily.

Arup (UNEMPLOYED)     22 May 2011

Also if 30 days elapse can she appeal for setting aside the ex-party in Ahmedabad HIGH COURT ?

 

 

---   if she able to prove that notice not given at per law, the case will revive.

Jaslok Gandhi (g)     22 May 2011

Thanx 4 reply Sir.

But my question is can she do this from Ahmedabad HC when the ex-party is passed by Mumbai Family Court ?

What I thought is that firstly within 30 days from the exparty order she has to approach Mumbai Family Court to set aside.

If she fails to approach Mumbai Family Court she has to appeal in Mumbai HC and that she cannot approach Ahmedabad HC as exparty is done by Mumbai Family Court.

Please correct me if  i am wrong.


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