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Challenging Divorce Decree, Alimony and Compensation
26-Feb-2023 (In Divorce Law)
I received Ex-parte judgement and Decree. The respondent (My wife) did not appear on any of the Hearings during entire tenure of the case. I want to know if she can challenge this decree. Decree doesnot mention anything about the Alimony as well as compensation. So my question is whether my Wife can demand any kind of monetary compensation/Alimony now?
Hi, your wife can challenge judgement, decree, order passed time to time in your matter within a period of 30 days by filing an appeal to the High Court. Ex Parte judgement doesn't give you the chance to escape from the case immediately but once period of 30 days is over she will not be liable to file an appeal.
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Adv. Harshad Garud
Pune | 200+ Answers
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What happens after ex parte divorce?
Even if a divorce ex parte is granted, a court must still consider the rights and interests of both parties. The court must make sure that the divorce decrees are fair and reasonable, and that both parties get due process.
Is it mandatory to give maintenance after divorce?
The Supreme Court ruled that family court judges cannot delay the payment of maintenance to a divorced wife. The Supreme Court added that a husband cannot escape his responsibility to provide sustenance to his wife, despite their deteriorated relationship.
What are the disadvantages of ex parte divorce?
Exparte Divorce Disadvantages: An exparte divorce has many disadvantages, including the possibility that the other spouse will challenge the divorce, or the divorce may be unfair. It is also possible that the other spouse wont be aware of the divorce. 22-Mar-2023
If you got ex party judgment and decree then in such circumstances she can make appeal in High Court within thirty days from the date of judgment or even after that if she comes with some genuine reason for not keeping herself present before the court by filing application of condonotion of delay. Yes she can claim all kinds of relief.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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Yes, She can demand Alimony by filing an Appeal against the Ex-Parte Decree passed in your favor. However, She has to produce conclusive evidences in her favor to challange the Ex-Parte Decree/Order passed.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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