X party - few doubts

once you get a divorce your x wife cannot cancel it. stay healthy and stay calm. happy new year 2016.

hi sir   unable to understand your quary plz clear your quary 

 

Thanks arix and TGK REDDI.

Hi Mr. Mukesh, My doubt is, at any case, can she approach court with reasons why she was not able to appear on court? And with that can she request the court to cancel my xparty order? Can she do it after 90 days? If she does after 90 days and befor my second marriage, will it revoke my rights to get married?

Thanks much Mrs Renuka Chaudhury. I am not in hurry. I want to wait 1 more year. Just want to know. If she can cancel x party order even after 90 days.

The period of limitation for filling the appeal is no doubt ninety days as provided under the Act but the period of limitation begins from the date you get the certified copy of the order/judgement/decree against which she is moving the High Court in appeal, the time spent in obtaining the certified copies are exempted while the period of limitation is counted. 

The period of limitation for filling the appeal is no doubt ninety days as provided under the Act but the period of limitation begins from the date you get the certified copy of the order/judgement/decree against which she is moving the High Court in appeal, the time spent in obtaining the certified copies are exempted while the period of limitation is counted. 

If she is planning to set aside the exparte decree in the same court then the limitation shall be 30 days for filing a petition under O IX Rule 13; the delay in filing the same may be explained in the petition filed under the provisions of section 5 of imitation act. 

If the court allows this petition condoning the delay, then the case is restored and the exparte decree will be set aside. After this the case will continue fro the stage  where it was discontinued. 

Therefore when there is a provision to restore the main petition is avilable in the same court, she may not prefer an appeal before the high court against the exparte decree or she may do it by following the procedures accordingly. 

In any case if the court allows the petition and sets aside the exparte decree then the marriage stand good till the disposal of the case.  However any subsequent marriage taken place after the period of appeal,, that marriage cannot be held as invalid.