Subhomoy Das (Retail Manager) 13 May 2018

Divorce

Hello Everyone Details are mentioned below : 1. Marriage solemnised in 2012 under HMA 1955 2. Baby boy born in Jan 2015. 3. Husband wife staying separately since Oct 2014. 4. Husband filed for Divorce in 2016. 5. Divorced order passed by District Civil & Session Judges Court in September 2017 . Exparte Divorced order passed as wife neither contested the case nor appeared at the Court even once. 5. Husband & Wife not yet got remarried as on date. 6. Baby Boy staying with his mother at her parents house. Now after 7 months since Divorce order passed by the Court the ex wife of the husband have sent a letter pleading him to pray to the Honb'le Court for cancelling the Divorce order and to revoke ,& restore the marriage which was solemnised in 2012. Husband not yet replied to the letter. Queries : 1. Is it legally possible to cancel the Divorce order and to restore the marriage again. 2. If it's possible then will there be no legal problems in future for cancelling the divorce order. 3. What is actual process of cancelling the divorce order and thereafter to restore their marriage again which was solemnised in 2012. 4. Does the husband - wife need to get married again for restoration of their marriage. There are no other case pending in any court from either side . Kindly advice Thankyou

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Vijay Raj Mahajan (Advocate) 14 May 2018

Let both get married again as the marriage was dissolved by decree of court that cannot be revered back unless the appeal by the wife against the decree filled but that too is now time barred. The condonation for delay in filling appeal can be sought by moving appropriate application but the appelant court which is High Court will decide it on merits to allow it or not. The application for setting aside ex-parte decree of divorce under order 9 rule 13 CPC can also be moved by the wife but that too being too late, the ground for delay and reason to why ex-parte decree should be set aside will be required to be strictly proved in the Family court.