hello sir/madam, my husband has obtained divorce decree last year. our lawyer is preparing set aside petition. but, my husband is not living in same house. his present address is unknown. will family court set aside the exparty order if husband is not receiving the notice and not appearing? how to serve the notice to him? thanks for your help as always. thanking you sir.
AANAND KUMAR SETHI ADV. 06 January 2017
AANAND KUMAR SETHI ADV. 06 January 2017
AANAND KUMAR SETHI ADV. 06 January 2017
| Originally posted by : vimala | ||
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hello sir/madam, my husband has obtained divorce decree last year. our lawyer is preparing set aside petition. but, my husband is not living in same house. his present address is unknown. will family court set aside the exparty order if husband is not receiving the notice and not appearing? how to serve the notice to him? thanks for your help as always. thanking you sir. |  |
Already one year over? What were you doing till now? Appeal period is long back over. 90 days is appeal period. HC wil consider your application even if you are 10 days later or even 20 days late as this is family matter of husband and wife to set aside exparte divorce decree. But 1 year is 365 days, your husband is free man now. Sending notice now will be of no help, even if he stays in same adress or different address, locating him wil be waste of time and money now. Exparte orders of divorce cant be set aside now. If some lawyer tells he will get this done, he will simply be lying. In such case serving notice will be of no use. Find someone else would be my advice.
Sachin (N.A) 07 January 2017
Rightly adviced by helping hand.
whatnot 07 January 2017
Similar query has been answered in a previous query
https://www.lawyersclubindia.com/forum/Setting-aside-divorce-exparte-order-in-family-court-hyderaba-145080.asp
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