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helpme2010 (jto)     23 March 2010

wat steps shld be takento a exparte divorce decree set aside

what steps should be taken so that exparte divorce decree cannot be set aside

 

i hv got exparte  divorce decree

i hv no plan for remarriage.

 

and i want to ensure that divorce decree cannot be challenged

 

if challenged also i want to do the necessary ground work so that divorce can be enforced

some told published in newpapers etc?

 

please guide?
 

 



 9 Replies

Suchitra. S (Advocate)     23 March 2010

You cannot do anything to set aside an experte decree. Your wife has 90days time to apply for setting  aside the degree. And even if you want to remaarry, you will have to wait till then. It is upto Court to decide whether her application should be allowed or not.

Arvind Singh Chauhan (advocate)     23 March 2010

I agree with Suchitra.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 March 2010

the ground work you want to do, that time already over.

exparte divorce decree can be set aside only on the plea that, the notice not served according to law.

before exparte, you have to sent notice, atleast thrice - wcich should come back to court.

address of him/her should be appropriate

after return of three notices try to serve the notice through all other possibilities'

the last option is to serve the notice through news paper advertisement..

if any of the notice he/she received by signature - that means he/she received the notice and ignore the summons of the court..

now you check at court  (by seeing the file ) whether notice properly served or not.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 March 2010

one more, - do not marry, till you confirm the notice served properly.

Guest (Guest)     23 March 2010

I agree with Ms. Suchitra and Mr. Arvind.  I further say that the wife has got the responsibility (Onus) to satisfy the court that (1) the notice has not been properly served or (2) even though the notice has been served, she could not attend the proceedings due to the reasons, which are beyond.  At the time of hearing that application, if 90 days have passed from the date of the order and if the husband did not marry again, the court  would consider the application to set aside the ex-party order sympathetically as it is a matrimonial matter and not a commercial venture involving only financial issues.  I quickly add that the period of limitation generally starts within 90 days from the date of the issuance of order, but in some cases it starts from the date of knowledge of existence of such order.

Pankaj Raj (HR)     24 March 2010

I got an 2nd time ex-parte  divorce decree since she didnt attend the court. Kindly let me know how long i have to wait for the order. Is there any possibilites that she can approach high court?

Regards

Arun

Suchitra. S (Advocate)     24 March 2010

Sir, it is 90days after the amendment of 2003.

Guest (Guest)     24 March 2010

It is 30 days, because the application to set aside ex-parte order is filed under O.9 R.13 of CPC before the same court.  If appeal is filed against the ex-parte order in the appellate court, i.e., High Court, then the period of limitation is 90 days. 

Suchitra. S (Advocate)     24 March 2010

Thank you so much for the clarifications and also for correcting me, Prabhakar Sir.


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