Exparte divorce

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

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.

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.

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.

@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.

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.

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.