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Legal procedure to appeal against ex-parte divorce order
02-Jun-2023 (In Divorce Law)
One of the partner filed for divorce, other parter received the notice to reach the court on some specific date but, first partner asked second partner not to go as first partner said it was a mistake and hence the case is now closed. But then suddenly second partner received a letter from court saying your divorce is completed. Now can second partner get this divorce canceled without appealing anywhere else??
The judgement debtor, that is, the party against whom the judgement has been given can file an appeal in High Court under section 19 of Family Courts Act against the decree and most likely the ex-parte decree would be set aside. Apart from this, there is a provision under order 9 rule 13 of CPC for setting aside of ex-parte decree which can be availed of in the present case.
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Adv. Samyak Raj
Delhi | 500+ Answers
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Without appeal divorce did not canceled. You have to file appeal to the high court showing the misguide of the partner. Show the courts proof if you have. Appeal is necessary within the limitation period.
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Adv. Sarita Shintre
Mumbai | 25+ Answers
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Hi
In this case you can approach the high court by preferring an appeal
You can elaborate your grievance before the appellate court
Please contact with proper facts of the case so that we can assist you better
In this case you can approach the high court by preferring an appeal
You can elaborate your grievance before the appellate court
Please contact with proper facts of the case so that we can assist you better
Helpful?
Adv. Rohit Shaligram
Pune | 500+ Answers
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