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Dispute/challenge the judgement to reopen Divorce Case


17-Aug-2023 (In Divorce Law)
I was granted exparte divorce because my ex wife despite being aware of the divorce proceedings refused to participate in the court proceedings. Now after the cooling period and another couple of months later when I got remarried legally, she has appealed to reopen the divorce once again. It's been nearly three years since my second marriage and I do not want the earlier divorce case to be reopened. The only reason why my ex is doing this is to extort money. I have sufficient evidence to prove that she was aware of the earlier divorce proceedings but deliberately didn't show up. How can I challenge the biased judgment of the sessions Court ruling that she was unaware and the divorce case be reopened. Is there a time limitation to challenge such judgment? And is it to be filed in the high court?
Answers (2)

Answer #1
820 votes
You can challenge the said order setting aside the ex-parte divorce decree passed by the family court by appealing to the higher court. Yes, there is a time limitation and the evidence which is in your possession is of utmost value and without which you cannot prove your stand.
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Advocate Sudarshan Desai

Adv. Sudarshan Desai

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Answer #2
780 votes
Sorry to know about your situation. You will have to file appeal against the order of the court that has allowed your wife to reopen the case. First get certified copies of the application that she filed and the order passed over it by the court a d then
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Advocate Mohd Atik Iqbal

Adv. Mohd Atik Iqbal

LawRatoAkola | 900+ Answers
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