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Ramesh (student)     04 February 2016


Dear Sir,

One of my friend has got the ex parte decree of divorce in Dec 15.

Near about 60 days has been passed.

Some of the advocate is in the opinion to execute the decree where opinion of some advocate is that in case of divorce there is no need to execute the decree.

What is the limitation period of filing the appeal by the other party in the case if High court is not situated in the city of the  competent court who decreed the divorce .

Kindly guide in the matter.




 3 Replies

Vijay Raj Mahajan (Advocate)     06 February 2016

What do you mean by execution of decree of divorce? This not a money decree that has to be executed through court and recover decreed dues from the judgment debtor. The divorce decree allowed by the family court is valid unless set aside by the higher court in appeal. Usual time limit for appeal is 90 days from the date of order. The ex-parte decree of the divorce can also be set aside by the trai lcourt if the respondent moves application under order 9 rule 13 CPC for setting aside ex-parte order/judgment/decree.

Ramesh (student)     07 February 2016

Dear vijay sir, Thank you very much.


pls inform what is the time limit for trial court if respondent moves an  application under order 9 rule 13 CPC for setting aside ex-parte order/judgment/decree.

Thank you

adv.raghavan (Advocate,9444674980)     09 February 2016

As previous counsel narrated it has become 90 days ,but as per act is only 30 days, due to practical difficulties it takes more time.First he has to prove certain things to get reprieve from order 9 rule 13 cpc, generally all courts allow these petition, along with costs, but certain courts insists on reason for non appearance of defendent and if he is going to produce some evidence, which should fall within the parameters of order 9 rule 13 he can get positive nod  otherwise it is purely discretion of the court concerned   . So do not take things for granted. It is not so easy as you think.

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