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Setting aside ex-parte divorce in Delhi while wife resides in Assam.
14-Feb-2026 (In Divorce Law)
I am the wife. My husband has filed a divorce case against me in Delhi on the ground of cruelty.
I am residing in Assam. My father has passed away, and I have no independent source of income or financial support to travel to Delhi frequently.
Due to distance and financial hardship, I could not appear before the Delhi court, and now the matter has proceeded ex-parte against me.
Meanwhile, I have filed a Domestic Violence case and a Maintenance case in Assam. In the DV case, police investigation has been completed and the report has been submitted before the court, where findings are against my husband.
I had engaged another lawyer in Delhi to protect my interest, but unfortunately he is not properly communicating with me.
Now I want to know:
How can I set aside the ex-parte proceedings in the divorce case?
Will the pendency of DV and maintenance proceedings in Assam, and the police report against my husband, help my case?
Kindly guide me regarding the proper legal remedy and procedure.
You should immediately file an application under Order IX Rule 7 CPC (if evidence is ongoing) or Order IX Rule 13 CPC (if ex-parte decree is passed) to set aside the ex-parte proceedings, explaining non-appearance due to distance and financial hardship.
You may also seek transfer of the divorce case to Assam under Section 24 CPC.
The DV case, maintenance case, and adverse police report will support your defence against cruelty. Engage a new counsel urgently and obtain case status from the Delhi court.
Helpful?
Adv. Abdullah Akhtar
Delhi | 100+ Answers
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Hi there, you must begin with hiring another advocate here in Delhi whom you can trust.
Further, you'll have to file a setting aside application in the court where the case is going on.
Yes, the DV case and police report will help till an extent once the ex-parte orders are set aside.
If you have any questions feel free to contact me.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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If decree is not yet passed and only ex-parte proceedings have started, file an application under Order IX Rule 7 CPC before the same Family Court immediately. There is no fixed limitation period, but it must be filed before final judgment. You must show sufficient cause for earlier non-appearance. After judgment, remedy shifts to Order IX Rule 13 CPC.
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Regards
Adv Amit Antil
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Adv. Amit Antil
Delhi | 5+ Answers
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Answer to your question is yes and yes. Yes your expert can be set aside very easily given the right explanation is given to the judge and yes your cases in Assam and the evidence adduced therein is of high relevance in the divorce case at delhi.
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Adv. Amardeep Singh
Delhi | 5+ Answers
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you have options to transfer the divorce case from delhi to Asam . this is the best for your case. for this you have to file a transfer petition in supereme court. during the pendency of transfer petition , the divorce proceedings shall be on stay
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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