Divorce ex-parte decree

plz. tell me the reason which the respondent has mention in her application to set aside ex-parte decree for her non-appearance on that day. 2ndly, date of ex-parte decree & 3rdly the date on which she filed an application 2 set aside an exparte decree.

u can contact me directly at

rakhibudhiraja@gmail.com

my cell no is -09871158578

RAKHI BUDHIRAJA

ADVOCATE

DELHI HIGH COURT

Thanks Mr.Rakshi.

1. They have not yet filed the petition for set aside. but my lawyer anticipates it sooner or later.

2. Ex-parte decree dated on 12-Nov-2008

Dear Anjali   yes they can set aside the decree but they have to show the cogent reasion to set aside a decre. 30 days limitation to set aside the decree expartee or some qurey u can ask me on    lawyer_indian@yahoo.co.in

or mr.advocate2008@redieffmail.com

ashutosh(adv) delhi high court

Thanks Mr.Ashutosh.

 is it 30 days or 90 days ? It is Hindu marriage act , divorce in section 13.

some ppl say it has been amended in 2003. Can you please confirm the same.

Dear Mam,

The Marriage Laws (Amendment) Bill, 2003

To amend the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955, to provide that a petition for relief under the provisions of these Acts may be presented by the aggrieved wife to the District Court within the local limits of whose jurisdiction she may be residing and also to provide that the parties to a matrimonial suit could prefer appeal within 90 days, instead of 30 days.

Dear Anjali, The application to set aside the exparte decree has to be filed within 30 days.  However a petition to set aside the exparte decree can be filed beyond the prescribed period of 30 days along with an application u/s 5 of the Limitation to condone the delay in filing the exparte decree set aside petition.  The Court here are more lenient in condoning the delay in a specific handled by me a delay of 3654 days has been condoned by the Court for filing exparte decree set aside petition.  The intention of the Court is to provide opportunity to the other side to be heard.  My sincere advise is rather than contesting application to set aside the exparte decree, without admitting the allegations and averments contained in the affidavit you  can say no objection straight away.  This will save time.  Whatever may be your objections the Court is most probably going to allow the application straight away or going to impose a cost and allowing this petition.  Hence you straight away endorse no objection for allowing the decree set aside petition and press for completion of the cases on day to day basis.  You can also approach the Hon'ble High Court to direct the District Court to hear the case on daily basis and dispose the same within the time frame to be fixed by the Court. God bless.

For any further details you can contact me at

piraviperumal@rocketmail.com

I do agree with  m. piravi perumal

sir ,this is a.shyam sunder,advocate, gadwal, a.p i am practiceing as an advocate since three years, in  a E.P  iam for the  jdr i have been instructed by the jdr at the last stage of the case. in this case the money suit was decreed against the defendent, which was the exparte decree. in the E.p also  jdr was set ex parte. the jdr given information that the advocate will fully  didnot given any information regarding the decree and the present position of the E.P. sir in this present position iam going to filing the set aside petion ,w.s, along with the ,section 5 of limitatrion act for condonation of delay of 1460 days . that the reason for the condonation of delay is the lack of non cooperation of the advocate,sir is it necessary to take the no objection from the advocate who was on records, sir ,kindly advice with citations.