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Child custody after ex parte divorce decree


29-Apr-2024 (In Divorce Law)
How long is ex parte decree divorce be challenged , can it be challenged after 6 months. Child custody is not mentioned in decree so how to go ahead with that if I want to travel abroad. I have a current DV case going on and my ex husband has no idea of ex parte decree. So as per my lawyer he is telling me if i have to file income affidavit it has to be filed showing that I am divorced otherwise it will be contempt of law. So how to proceed with that.
Answers (4)

Answer #1
796 votes
Article 123 of the Limitation Act provides for the limitation in filing an application to set aside an ex parte decree. The application must be filed within 30 days from the date of the decree, or if the summons or notice was not duly served, when the applicant had knowledge of the decree. The other query, wrt to income affidavit and contempt of court requires a detailed conversation for the right advice.
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Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

LawRato Delhi | 100+ Answers
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Answer #2
562 votes
well if you having a case going on in the court of dv. your ex husband has no idea of exparte decree. the decree was in your favour or whom. child custody is not mentioned in the decree but have you contested for that Or not
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Advocate Anurag Jangra

Adv. Anurag Jangra

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Answer #3
561 votes
As per section 6(a) of the Hindu Minority and Guardianship Act the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. And if your child is in your custody then you should not apply for the same. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #4
975 votes
If I were your lawyer, I would suggest you get that ex parte order set aside immediately. Being an ex parte decree, it definitely will not have mentioning of your child's custody as the decree is passed ex parte and not on merits. Rest issues are a matter of detailed discussion. You may consult me in that regard
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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