hitesh 15 February 2016

Exparte divorce

Sir please advice. I have applied for divorce from my wife on June 2015 , untill now notice has been sent to her thrice (she is in her parents house notice sent there ) the last notice sent by court was on 13th Jan 2016, my wife claims to some relatives that that notice has not been served to her, in the meanwhile on 20th Jan 2016 she has filed domestic violence case on me the hearing is on 9th Feb. My advocate says in next family court hearing we will give paper advertisement and then again if she doesn't turn up then court will award expartee divorce, will this divorce decree be valid and can I get remarried. Thanks

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Vijay Raj Mahajan (Advocate) 15 February 2016

Firstly the Newspaper publication of court notice is substituted mode of service of summon to the respondent and after non-appearance in spite of the publication on the fixed date the court proceeds ex-parte, record the ex-parte evidence of the petitioner followed by the argument on his behalf and then only pass order for divorce and issue decree of divorce. The order and decree of divorce thus passed ex-parte is Valid for all purpose unless set aside by the court on the application filed by the respondent under order 9 rule 13 of the CPC or appeal filed against the order of divorce to appellant court.

hitesh 15 February 2016

Sir thanks for your valued reply, I have another doubt , How much time will be given to my wife to file an appeal against exparte divorce , us there a specific time limit or can she appeal against it whenever she wants even after I remarry Thanks

Sidharth 15 February 2016

Time limit to appeal against ex party divorce is 90 days , if no appeal against divorce then you can remarry.

Sidharth 15 February 2016

(Guest)

sir, let us say she is not filing appeal on ex-parte divorce, because she has to go to high court.

but what will happen if she wins the case under order 9 rule 13 of the CPC in diffferent court? will that overrule the divorce decree given in another court?