suneesh.k (advocate) 09 October 2009
whether a wife who is a respondent in an expartee decree for divorse can approch the appellete court to setaside the decree. (husbund) was died after geting decree and before admission of appeal .whether appeal can be filed against legal hairs of husband is there any ruling regarding that
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 09 October 2009
Sorry Sunish ji, i have not heard such situation.
But as per my view, if the appeal is within time limit then may be it is possible.
RAMAN KUMAR BHARDWAJ (LAWYER) 11 October 2009
NO APPEAL CAN BE FILED IN DIVORCE CASES AGAINST LR'S
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 11 October 2009
Appeal is not possible, but plz check whether application to set aside the exparte decree is possible or not. May be it will be allowed.
Regards
adv.kamal.grover@gmail.com
Khaleel Ahmed (Legal Advisor) 16 October 2009
Infact any appeal is filed against the decree of the lower court to set a side such decree or order, as the trial court or lower court commited such banfide mistakes. In your case the Husband is the right party to defend the appeal , himself has passed away. The marriage tie further naturally breaked for the reason of the dath of husband. There is no need to file any appeal. The appeal against the legal heirs does not maintainable.
K. Rajendra Prakash (Advocate) 09 November 2009
The marital tie is naturally broken down for the reason of the dath of the husband. The appeal against the legal heirs is not maintainable. There arises no question of filing any appeal.
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