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ex parte divorce appeal


My husbad had filed a divorce petition. I had received the summons but didnt attend a single hearing. The court has passed an ex parte decree. I would want to appeal in the high court against the order. Do i need a certified copy of the order for appealing? What is the process and documents required?

 
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general manager

u should have attended hearing, but i can understand u must be in some big emotional problem. Any way u must be knowing suit number eg. 700032 / 2007. U can take copies of all procedures done by court by making proper application paying promer amount. Court takes 5Rs. per page with court stamp. Then u can file suit in upper court. Best wishes.

 
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You should immediately move without wasting even a single minute.  Because, if the appeal period is over, he will be entitled to go for another marriage and if that happens, there wlll be no use for your to go to appeal, because, as he has already married the court would dismiss your appeal. 

I hope you understand the urgency.  Without trying to find out the methods to obtain certified copy engage an advocate and he will do each and every possible thing to get the copy immediately and prepare an appeal for High Court.  In the absence of certified copy also, the advocate can seek the stay of the operation of the decree before the High Court.

Wish you best of luck.

 
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Family Counsellor

You can file the appeal within 90 days of the decree of the divorce. As your summons will read the case number, you can just quote the same and put the application to set aside the decree of divorce

 
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IT

I think you no need to file appeal in high court..just file the set-a-side exparte-decree petition in the same district court with reasons for not responding to the summons..

 
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