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TAMILAN INDIAN (nil)     09 December 2014

Exparte divorce & set aside

dear experts,

can you guide me to face my future challenges.

1) all exparte divorce orders can be challenged and set aside?

2) if the opposite side filed for setaside ,will judge look after the merits or not ? can a  judge setaside if they argue that they are not having sufficient money to travel, so the reason for their abscence.  

3) even if marriage is not consumated( no s*x till date) and can the exparte divorce order will help to get rid of , in the seperate maintenance case filed by wife?



 2 Replies


1. Depends on merits of the case.

2. No, they cannot give that reason.

3. I see no connection between maintenance, exparte divorce, and non-consummation of marriage. Please come with full explanation.

1 Like

Jayashree Hariharan (Advocate)     31 December 2014

if not consummated file for divorce as null and void, if within one year of marriage.

Maintenance is different from divorce

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