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asit (finance advisor)     12 December 2010

ex parte divorce

i had filed for divorce in feb 2010 in family court. My wife did not appear, so the court after proper legal proceedings granted me exparte divorce in nov 2010. does this mean that i have got final divorce decree?

can my wife appeal against this order and under what grounds she can...?



Learning

 12 Replies

niranjan (civil practice)     12 December 2010

She can file appeal within one month of decree or she can also apply for setting aside decree exparte  under O.IX rule 13.

asit (finance advisor)     12 December 2010

what is O.IX rule 13? and from which date does appeal period start...

1) is it from the date when judgement was given by magistrate

or

2) is it from the date when she receives the copy of divorce decree

kindly guide...


(Guest)

Can the application for setting aside ex-parte degree be submitted at all times?

 

I recently read  judgment of a few cases where application were given for setting aside orders after ninty(90) days along with request to condone delay. The leave were granted to applicant and divorce degree was set aside.

Does that mean that ex -parte judgment  can always be re-opened?

asit (finance advisor)     12 December 2010

as per the divorce acts, if the summons were delivered to the respondent and a copy of delivery report is submitted to the court by petitioner, and then also the respondent does not appear for the divorce case, then the court passes exparte divorce order in favour of the petitioner. the appeal period available for the respondent is of 90 days from the date of judgement. since the respondent had received the summons, then question of appealing does not arise, as the court will dismiss his appeal request.


(Guest)

Asit

Can you be a bit more clear when you say ?

 

'since the respondent had received the summons, then question of appealing does not arise, as the court will dismiss his appeal request.'

In a judgment a I read in last couple of days-- judges in the high court condoned delay of about 500 days in filling appeal on Restitution of Conjugal cohabitation case even she stopped attending lower court proceedings after filling reponse. In the respose in lower court she said that she was unable to attend the court due to small child.

 

If you have any judgment that shows the high court rejected set aide application if respondent did not attend the court proceedings even after recieving notices, would you please pass the judgment/case details?

 

 

 

sid (offr)     20 November 2011

Hi, I had been granted exparte divorce in sep. my wife has appealed for restoration on the grounds of non receipt of notice. she has conveniently avoided to receive it since she never came  out in front of the mailman or the court messenger. I however have a mobile recording of her wherein she accepts avoiding the notice by saying "KYON LOON MAI ? " when i mentioned that I had sent her a notice. what can I do and how am I protected by law for having followed the courts decision?

on what grounds can her petition be rejected?

please help

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2011

You sent her a notice. Where does this conversation says that she got the notice and refused it. It just says that you sent and notice and informed her, maybe the notice was not delivered.

 

The same can be contested, if there is a valid reason otherwise mostly the same would be restored.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

sid (offr)     20 November 2011

dear mr kapoor you are correct, but the thing is she never came out infront of the messenger at all. infact earlier when i had initially filed the case, i had informed her so and she told me she had recd the notice. it was only when i reached the court that i learnt that it was not delivered. the fact is that she was avoiding the notice.

further an add in a local newspaper was also published by the court. now i do understand that she could say that she did not see it. but the fact that she is aware that a case is on and in the court not enough to show to the court that she is purposely trying to avoid and thus mentally harrass me.

Thiru (engineer)     21 November 2011

@sid

this is how how the females harass the males . here my case is same.

she will not appear the court for consecutive 2 times and third time she will appear.

and the lawyers will say wat to do? procedures are there..

. they will do whatever they want.

the court is always on the female side and females take advantage of that. (thou the male's

lawyer knows this and even judge knows this ..hell man)

actually i want to know how long a divorce case will take?

dont say case to case it will vary....

galsober@yahoo.co.in (def)     21 November 2011

actually i want to know how long a divorce case will take?

Sorry to say that............only astrologer can tell!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

Then your evidence is just hearsay and she would get stay on ex-parte divorce.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Akanksha   20 April 2018

Boss in my case , my ex is acting funny neither he is willing to gove me a divorce nor ready to undertake his responsibilities . Can anyone help me in how do I proceed??


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