LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sanjay Samuel Krishnan (IT)     23 January 2014

Exparte divorce

Rspected Sir,

I got a exparte divorce today  (23 Jan 2014) as my wife (hate to call her so) did not appear in the court for the past 8 months..She earlier put false medical documents stating that she was not well. On Dec 17 2013 the judge gave them speaking order to file a counter on Jan 23 2013 which they did not so I got a exparte divorce today.

My question is that can they challenge the exparte order in the high court. They were voiceforously following the maintenance case in their hometown (vishakapatnam) but not attending the divorce proceeeding in Hyderabad.

They also tried to file 498 a on Jan 12 2013 but luckily the SI called my lawyer telling them so.

Can all these points be used to counter the transfer in the high court.


Kind Regards,



 8 Replies


Great..... they have chance to open case within 90days period.

rahul (director)     23 January 2014

she can vacate exparte order in this court also,, no need to go to high court,,

but keep silent for 90 days, then this exparte decree will become final.


S K KARNjhc (Legal Adviser)     23 January 2014

You should wait for the prescribed time of 90 days for its final execution patiently after which if she would fail to raise the matter b/r competent judge within time frame, you would be sure for the matter to be dissolved


@Sanjay Samuel Krishnan, First of all many congratulations..........if you got an expartee Divorce Decree from Hon. Family Court and if she wants to challenge the expartee order, then, she has time to appeal in High Court within a period of 30 days from the date of order.

Sanjay Samuel Krishnan (IT)     23 January 2014

thx guys for your response.But my question still remains unanswered. Will the high court not ask them why as to why they did not contest the case for the past 8 months,inspite of the speaking order .Those money mongers are attending each and every hearing seeking maintenance (docket order will prove).

can you guys please help with any transfer quash.

T. Kalaiselvan, Advocate (Advocate)     23 January 2014

@Sanjay SamuelKrishnan:  do not be too excited that you you have got exparte divorce decree today.  She has been set exparte today by the court for not filing the counter and the case should have been posted to some other day for exparte evidence after which the court will pronounce the exparte decree on a few days after deposing exparte evidence by you.  Please note that during the next date itself if her lawyer is filing the set aside petition along with the counter/statement, the decree will be set aside and the case will be restored for trial so there is no celebration so soon over the order. She can file petition in the same court for setting aside the decree.  Further even if she is initiating any action to set aside the exparte decree immediately, you have to wait for 90 days from the date of the judgment for confirmation within which you cannot go for remarriage.  For maintenance case you have to travel to Vishakpatnam every time if it is a criminal case.  Just based on the exparte decree of divorce you cannot claim right or privilege for a transfer of that case to your place.

Sanjay Samuel Krishnan (IT)     23 January 2014

Thanks Kalaiselvan sir,

Im not at all excited but only soliciting views how her petition can be challenged. She never attended the divorce proceedings for the past 8 months (every time false medical certificates from retired doctors). Last time they got a speaking order to present the counter on Jan 23 2013 (today). They did not present any counter but  a SR (service number) from the high court seeking transfer of the case to Vishakapatnam.

Only soliciting your kind views how this can be challenged.

T. Kalaiselvan, Advocate (Advocate)     24 January 2014

It means she has not been set exparte today also. The SR No. from high court is an indication that the case has been filed before high court for transfer, so the lower court here cannot set her exparte for not filing her counter.  The laws of the land are pro-women, so I am afraid that you will challenge a hopeless event, what is your lawyer telling ? be in touch with him.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query