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anuradha goyal (member)     18 November 2011

Expartee divorce

Though summons were signed by wife but she says I wasn't aware that these are summons for divorce petition.Even Adulteror was not made a party  though his name appears in the petition. Can expartee be set aside on this ground that adulteror was not made the party and it is a mandatory provision for taking divorce on grounds of adultery

 4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011



The ground that summon was served will always go against you.





Shonee Kapoor

Legal Fighter (Advocate)     19 November 2011

there is no requirement of adulteror being made a party in HMA. also if the wife has signed the summons, she would have to show sufficient ground for not appearing and getting the ex-parte decree set aside.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     19 November 2011

I AGREE  with LEGAL FIGHTER & Mr. Kapoor.

One  can't take ground of  "I wasn't aware that these are summons for divorce petition"  other acceptable ground may help u. 

Adv. Shroff

Dr J C Vashista (Lawyer)     19 November 2011

The ex-parte decree after service of summons, i.e. after signing summons, shall/cannot be set aside.

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