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Ex party divorce issue court Fastrack
19-Mar-2025 (In Divorce Law)
I am a hindu. Got married in india.my husband is in usa from past 7 years. I came back after 1 year staying with him. I filed divorce in India in 2023 . Currently my case gone to ex party.My question is that can my husband come back and set aside ex party order in divorce. I am not willing to accept his conditions of divorce. What are my other options. I have all solid proofs required for divorce. How long can my case drag. Can I request 142 article in supreme court. We have one child together.
you can file divorce petition in the supreme court on the ground of no purpose of continuation of marriage . you can file under article 142 of the indian constitution.
the process is very simple.
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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Dear ma'am,
Your husband can file an application to set aside the ex parte divorce order by showing a valid reason for his absence, such as lack of notice or unavoidable circumstances. If the court is satisfied, the case may be reopened.
Since you have strong evidence for divorce, you can oppose his application and proceed with the case. If he disputes the divorce terms, it may prolong the proceedings.
Regarding Article 142 of the Constitution, it is applicable only in the Supreme Court for complete justice, usually in rare cases. If your case gets unnecessarily delayed, you may approach the High Court for an expedited hearing.
Let me know if you need further legal guidance.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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You have a few options given that the case is already going on in a lower court and also owing to the facts that the conditions are not mutually agreeable. Further information shall be required to ascertain the exact course which should be taken to ensure optimal results in the case. If required you can consult me with required information.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Dear Client
Under Article 142, the Supreme Court has the power to do complete justice, if a case is made out the court shall consider it on merits.
Please feel free to get in touch to discuss further.
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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