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Kanan (IT)     17 February 2014

Exparte divorce

Hi members,

Please can  I be advised advise how I need to challenge ex-parte divorce against me.

I could not attend the case for the last 2 years as i have a minor child and exparte divorce was awarded to him.

My lawyer (company lawyer) says that it is very difficult to challenge exparte orders after filing vakalat and not attending proceedings  inspite of  speaking order and then exparte divorce.

What are my changes of filing a revision in High court.

Please advise .Thanks in advance.



Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     17 February 2014

First you file an application to set aside divorce decree before the Court where the decree is passed mentioning the reasons for your non-appearance in the court proceedings with cogent reasons succinctly.  Normally, the time period is  wihtin 30 days from the date of decree, you can file such application.  If the time limit is crossed beyond 30 days, you can move application along with another application for condonation of delay.  If your application is refused in the divorce court, then also you can file appeal in the High Court against the dismissal of your application to set aside ex-parter decree as well as the order of divorce on merits.  If your husband has not married again by now, your application will be heard to set aside  ex-parte divorce decree and you will be allowed to contest the case.  If he has already married, then there will be bleak chances of success of your application. 

Kanan (IT)     17 February 2014

Sir, Thanks. Can I now try to transfer the case to my native place where maintenance case is pending.

I do not want to contest the case at that person's place.

Case was set exparte against me on Jan 3 2014 and i have strong proof that he remarried another victim.

How can I convict him for his misdeeds.

Sir, Please help advise.

 

Gautam Kapoor (IT professional Studying Law)     17 February 2014

Renuka , already answered your query on transfer of ex parte divorce under Divorce tab

Sir Chandrasekhar has already explained the process, set aside, condonation of delay inspite of speaking order.

Transfer of ex parte  will not be entertained..


(Guest)

@Renuka

 

There is no misdeed from your ex-husband. If there is any then its on your part for not attending the court in time. You cannot convict him for marrying another lady after a divorce deed.

Samir N (General Queries) (Business)     19 February 2014

Agree with @stalker... 

If you think so badly about your ex-, why did you not contest the divorce and seek whatever relief you wanted? Sorry, but this sounds like you had something else going at the time the divorce proceedings were ongoing. Most likely you too wanted the divorce quickly but something went sour with your plans and now you want to go after him and harass him. Looks like he is the victim, not you.  


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