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Nikhil (Accountant)     19 May 2014

Exparte divorce

Hello Experts,

I have been fighting my divorce case and finally last  month i was awarded Exparte. Now i have another hearing which is submission of Evidence.

Can someone please let me know what exactly it is. After submission of evidence, in how many days will i get the divorce papers. Can my wife appeal after this.

Thanks in advance.


 7 Replies

navdeep (ABM)     19 May 2014

I think there is 90 days period in which your wife can file an appeal. 

Nikhil (Accountant)     20 May 2014

I heard it is 30 days within the same court and 90 days if appeal is done in High Court.. Experts please assist...Also, please let me know what is proof of evidence in Exparte Divorce. Also when would i get my divorce papers.. How many days after the evidence is submitted.


navdeep (ABM)     20 May 2014

get it clear from expert...i m also not very much verse with it. m also passing through this harrassement.

Nikhil (Accountant)     23 May 2014

Experts can someone please answer my questions..


Thanks in advance..

Gautam Kapoor (IT professional Studying Law)     23 May 2014

Im not sure if I can congratulate you .. but truth to be told - she can file an application wihin 30 days in the same court to set aside the divorce decree mentioning 1001 reasons for her non-appearance in the court proceedings along with condonation of delay petition and her counter.If the judge is convinced exparte decree will be set aside.If she fails she can/will move HC for setting the expartee decree within 90 days.It all depends how hell bent she is to harass you.Some ladies also try to transfer the case after exparte orders..

Submission of evidence - you will submit the evidences on the ground you seeked divorce relief and will take a oath that what you say is true. (def)     23 May 2014

U still donot have EXPARTE DECREE.........Court has only ordered EXPARTE PROCEEDINGS.

Even in exparte cases, petitioner has to bring out his evidence to get relief, its not automatic. Only change is that petitioners evidence goes un-opposed. Cout will still grant relief on merits only.

If everything is fine in ur case, it will take approx 2 months

stanley (Freedom)     24 May 2014

i reaffirm  Gautam's reply . 

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