Mohan (HR Assistant manager) 09 September 2009

Ex-Parte Divorce Decree

i filed for a divorce and i have been awarded an ex-parte divorce, since that she didnot attend the court.

Now, can i get married again. how long do i have to wait. Kinldy suggest me on this.

Kindly suggest me, how do i proceed further on this

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8 Replies

adarsh awasthi (advocate) 09 September 2009

you sould wait for 90 day's that is the limitation of appeal of decree of divorce.

Anjali (IT) 09 September 2009

have to wait for 90 before next marriage. If petition has been filed by your ex-wife to set aside the expartee decree and you received the court notice within 90 days then you can't marry.

If the ex-partee decree was set aside after your second marriage, your second marriage is voidable until the outcome of your divorce case.

Mrs. Hetal Sunil Shah (Advocate) 09 September 2009

As per Indian Limitation Act, 1963 90 days.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 09 September 2009

Anjali has explain well.

90 dyas

L (service) 10 September 2009

Under Articles 123 of the limitation act, 1963, the time-limit to file an application to set aside a decree passed ex parte, is thirty days, and there are two ways of computing the time. One is from the date of the decree where summons was duly served; and the other is from the date of the knowledge of the decree by the applicant and that would be only where summons was not duly served.

Article 123 of the limitation act, 1963 provides limitation of 30 days and limitation would begin to run from the date of the decree or where summons or notice was not duly served, when the applicant had knowledge of the decree. There is no dispute that notice or summons was duly served in this case. limitation would begin to run from the date of the decree and it would be of 30 days. In other words, within 30 days application for setting aside the decree has to be made. Admittedly application has not been made within 30 days. Therefore, application filed by the petitioner to set aside the decree would be barred bylimitation within the meaning of Article 123 of the limitation act.