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Husband took ex parte divorce can I appeal


01-Apr-2023 (In Divorce Law)

i got married on 04-07-09 in pune court. my husband took ex parte divorce on 03-07-14 without my knowledge or consent. he showed me court orders of divorce after about six months. mine was a love marriage. i am suffering from obsessive compulsive disorder and depression since '07. my husband was aware about my illness. i want to know if i am divorced or still married? can divorced be granted this way? and if yes, what can i do to be in this marriage? can i appeal or do anything about it? i want to be in this marriage and divorce was granted without my knowledge or going to court. please help.

Answers (3)

Answer #1
888 votes
If anything has happens without your knowledge, the law of the land is with you , do not worry but try to face the situation wisely. First, try to get the certified copy of the Divorce Order from the same court by filing an application. Second, you report with your grievances in writing to nearby PS and then free to approach to the court of jurisdiction with your application.
Advocate Om Shanker Shrivastava

Adv. Om Shanker Shrivastava

LawRato Bhopal | 100+ Answers
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People also ask

How do I challenge my ex parte divorce?

The divorce petition you filed must be withdrawn. You must then file a request under ord. Rule 13 is the rule that you can use to set aside your husbands ex-parte decree of divorce.

What are the conditions for ex parte divorce?

Ex Parte Requirements For a divorce ex parte to be granted, the party filing the petition must have lived within the jurisdictional area of the court for at least a certain period. For an ex parte divorce to occur, both spouses must be aware of the divorce.

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

  
Answer #2
846 votes
As per facts narrated as of now you are divorced. However since your husband is having ex parte Divorce Decree you are having various options. Firstly you can move an application for setting aside ex parte divorce decree before the same court. Secondly you can file appeal against ex parte divorce decree . Thirdly you can file a suit to set aside ex parte decree . Engage a counsel and avail any of these remedies.
Advocate Sameer Kumar Shrivastava

Adv. Sameer Kumar Shrivastava

LawRatoGwalior | 100+ Answers
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Answer #3
657 votes
Under order 9 rule 13 u may file an application for setting aside exparte decree against you wherein notice has not been served on you. However limitatiion for filing such application are 30 days but we can explain before honourable court that notice is unserved on you and bonafidely delay has taken place which is legal under the law. Peculiar to say here that presently your status is a divorcee. You may also take other course of remedy under the law under criminal procedure code and domestic violence act since taking exparte divorce decree fradulently will also be taken as cruelty
Advocate Sunil Kumar Singh

Adv. Sunil Kumar Singh

LawRatoJabalpur | 25+ Answers
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