Request guidance on Ex-parte Divorce

if she has applied for seeking the copies of the judgement in the court and whenevr she receives the copy from the court, the appeal period starts from this date when the court provides the copies.. if it is ex parte, she will have to appeal in the same court. After hearing her side, court would set aside the decree given to you and your main divorce petition would be taken afresh for contesting. So you will have to contest and prove your allegation against her.

Sir,

1) As I am told, the appeal period for my wife to set aside the Ex-parte divorce is 3 months. But 3 months from what date? from the day of the order? or from the day when i receive the decree? I am told that although the order has been passed, i will receive the decree only after a month or so. Does it mean that i will have to wait for effectively around 4 months from the day of the order before i can get married again?

Ans: The three months period starts from the date of order of divorce. So, you have to wait for three months before you get married again.

2) If the opposite party has to appeal to set aside the order, where do they have to apply? With the same family court? or with the High court?

Ans: The opposite party will have to appeal in High Court.

3) If the ex-parte order is ultimately set aside, what does it mean? Does it mean that my marriage with her will become intact again and then we contest the matter all over again? Or does it only mean that the divorce will stay but i will have to compensate her?

Ans: The order will be set aside and the proceedings are started all over again. The compensation aspect will come after the case is decided. Not before that. But you may have to go on giving interim maintenance if you are givng any.

Ramakant,

Setting aside the ex-parte decree will also depend on various factors. If the summons were duly served properly and the time period for which the case has proceeded before granting the ex-parte decree. If the time period has taken more than 3 months with minimum 4 hearings, then this would be difficult to set aside the ex-parte decree.

Thank you all for your guidance. From the above answers i understand the following:

1) I can get married married after three month's time from the day the order was given.

2) She can appeal against the decree upto three month's from the day she receives the decree copy. In that case i may be been already married if she's late in getting the copy of the decree and applies after 3 month's from the date of the order.

3) She will have to apply in the family court to set aside the order. And the compensation part discussion will come only after the divorce is finally given.

Could somebody please correct me if my understanding in any of the above points is incorrect.

Mr. Mehta specifically for you: the court proceeded with "No W/S" order 3 months after the summons were served. The final decree was passed 8 months after the "No W/S" order was given. The entire proceeding lasted for 11 months. From your experience, is it possible to ascertain whether the order will be set aside? The matter was contested in the family court, mumbai.

Also wanted to understand whether a Caveat can be filed in the family court?

Yes, Caveat can be filed in the family court

i agree with suchitra she replied properly and you can file a caveat in high court.

yes i know that a Caveat can be filed in the High court but is it possible in the Family court as well? Could somebody pls. verify. Also could someone tell me if my understanding of your answers (as mentioned above) is correct? Thanks in advance!