ex-parte decree in divorce

satyadevi (Querist) 11 January 2010 This query is : Resolved
Sir
I would like to know if in a ex-parte case when the case was decided as the other party was absent for 4 hearings continiously,the divorce was granted in absentia can the other party ask for setting aside the decree under medical grounds? is the limitation act applicable here?
satyadevi
vizag

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adv. rajeev ( rajoo ) (Expert) 12 January 2010
yes other party can seek to set aside an ex-parte decree on the medical grounds,

Raj Kumar Makkad (Expert) 12 January 2010
If the right to move for setting aside is available to the respondent similar right is available to the petitioner to oppose his application on the ground of limitation. court has to see the convincing material brought on file in support or against the application and accordingly decision is taken.

Arvind Singh Chauhan (Expert) 12 January 2010
Yes it is genuine ground, prayer to set aside exparte decree can be made. Limitation Act applies to the prayer.

Sukhija (Expert) 12 January 2010
I agree to above views

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