Challenging ex parte decision after 3 months

510 votes

As per the provisions of the Hindu Marriage Act an Appeal against any appeal against a decree or order passed by the Court has to be filed within a period of ninety days from the date of decree or order. In your case although the period to file an appeal has expired but your wife may file an application under Order IX Rule 13 of the Civil Procedure Code for setting aside the ex-parte decree passed by the Court alongwith an application under section 5 of the Limitation Act for condonation of delay if any while filling the application. Article 164 of Limitation Act applies to an application by a defendant for an order to set aside a decree passed ex parte. The 30 days' period of limitation prescribed for such an application commences from the date of the decree or where the summons was not duly served, when the applicant had knowledge of the decree. Under such I would advise you to refrain from getting married again immediately and file a caveat before the High Court and family court to gain prior knowledge if your wife challenges the decree passed by the Court.

Advocate Akram Imtiaz Ali LawRato

801 votes

Nothing. Let her challenge it. it's not your fault that she didn't appear. what's the point of divorce if you continue worrying about your ex wife and her threatenings? Let her run from pillar to post... she won't be successful if proper notice was sent and purposefully she didn't appear.

Advocate Suman Das LawRato