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Anand Raj   24 August 2019

Exparte Divorce

Hi All, I Had filed divorce based on grounds of cruelty , and after 2 years i got Exparte Divorce 60 days over and now i am not sure she is aware of it or not but I have below questions 1. i just read in internet that even after 90 days of appeal perriod she can still apply for set aside at high court ? 2. This provision is till when she has option to apply to set aside? 3. I got suggesions from friends and other advisors saying to get marry after appeal period of 90 days.. But is this only option to get rid of this cruel person? As i have not planned yet to get marry ( as i have seen hell after this marriage).. 4.any suggestions or precausions i can take to defend her set aside petition if incase she files in future? I will be waiting yours valuable feedback and suggesions, which will really valued. Thanks in advance.. Anand Raj


 1 Replies

Abhishek Das   03 September 2019

An application under Order 9 rule 13 must in accordance with the bounds of Art. 164 of the Limitation Act 1908 be made within 30 days of the decree.

The two grounds on the basis of which an ex parte decree can be set aside under Order 9, Rule 13.

  • That the summons was not duly served, or

  • That the defendant was prevented by sufficient cause from appearing when the case was called on for hearing.

If either of these conditions is satisfied, the court must set aside the decree and where these conditions are not satisfied the decree cannot be set aside. This question has to be decided on the basis of evidence or affidavits

Section 15 of the Hindu Marriage Act, 1955, which states that when a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree, or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.

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