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Setting Aside ExParte Divorce Order.
03-Dec-2025 (In Divorce Law)
My wife is staying Karnataka and evading personal service of Summons in Pune Civil Court in Divorce case by hiding her address. She is well aware that even if I obtain ExParte Divorce by substituted service, she can easily set aside the Divorce Decree any time by claiming improper service and claim lumpsum maintenance after her retirement. Generally leniency shown if improper service or any excuses by women. What steps can be taken by Court now to compel her appearance in Divorce case.?
You can make an application to the court for substituted service including permission to service of Summons through WhatsApp and on email. This will sufice the need of substituted service and even after that if she does not appear before the court the court can pass necessary orders. in that event setting aside the expartee order without reasonable cause would be difficult for her.
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Adv. Neelkanth Goswami
Thane | 400+ Answers
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Setting aside an ex-parte divorce order means requesting the court to cancel that order because you could not appear when it was passed.
In India, this is done by filing an application under Order 9 Rule 13 of the Code of Civil Procedure (CPC).
Who Can Apply?
The spouse against whom the ex-parte decree was passed.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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Dear client are per your query,
You can file an application requesting the court to issue bailable Or non - bailable warrants, or to direct service through the local police at her last know address. If her exact address is intentionally concealed, the court may treat it as wilful aviodance, which strengthens your case against any later allegations of improper service.
For further detailed discussion feel free to connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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If the respondent is deliberately avoiding service, you may request the Court to permit substituted service under Order V Rule 20 CPC through newspaper publication at her last known address. Once substituted service is completed, the Court can proceed ex-parte if she still does not appear.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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If she is deliberately evading service, you can request the Court for alternative modes under Order V CPC—such as service through RPAD at her last known address, service through her employer, local police assistance, or affixation/publication. Once substituted service is ordered and completed, the Court will treat it as valid service and proceed even if she avoids appearance. She cannot later set aside the decree as a matter of right without proving deliberate fraud or lack of due diligence by you. You may also seek issuance of bailable/non-bailable warrant if she disobeys specific directions. Taking these steps will compel her participation or allow the case to move ahead lawfully.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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