relif against ex parte decrre

Querist : Anonymous (Querist) 13 November 2010 This query is : Resolved
hi i from mumbai my husband got ex parte decree of divorce against me as sumannce was served to me by court beliff but my husband misguided me that it was not courts prson that time i was not aware about his intation court has passed ex parte on 23 dec 2009 till april 2010 we meet & have relation as husband & wife i came to know about ex parte order in feb 2010 i went forward to court for set aside ex parte order my application is rejected u/s 123 of limitation act what rilief i can get in this cercumstances

Follow Query

Report Abuse

Arvind Singh Chauhan (Expert) 13 November 2010
Didn't you file application for condonation of delay ?

s.subramanian (Expert) 13 November 2010
Yes. You ought to have filed a petition under Sec.5 of Limitation aCt.

Kirti Kar Tripathi (Expert) 14 November 2010
whether you have given any explanation of delay in application. If explanation is available, no formal application is required under Section 5 limitation Act. You can insist on explanation. However, you have right of appeal. you can file appeal against both orders explaining delay in filing appeal. most likely the case would be remanded as the court are duty bound to decided lis rather than hyper technicality.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries