What is the ex parte divorce validity in India?

Question

What is the ex parte divorce validity in India?

04-Jul-2024 (In Divorce Law)

Have got ex-parte divorce in Jan 2018 is it possible to re-open in June 2018 and is it possible to file DVC and 498a cases? what is the validity of ex parte divorce in India?

Answers (4)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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Can it be challenged?

Yes. The absent spouse has legal remedies to challenge it:

Order 9 Rule 13 CPC-You can apply to the same court to set aside the ex parte decree, by proving you had valid reasons for not appearing, like not being served properly or unavoidable circumstances.
Section 96(2) CPC-You can also file an appeal against the decree in a higher court.

Advocate Naveen Kumar Ahir LawRato · Accepted Answer · 2024-07-04T13:52:37+05:30

Answer #2

We can set aside the exparte order against you. The grounds for delay has to be explained to the court and it can be set aside. If you are being harassed in any form viz. physically, mentally, emotionally, financially, etc. you can file DVC and 498a. Perhaps you might want to understand that now being divorced can you file the same. In this context, it is to be determined as to how long you have been staying separately from your partner and for what reasons, because the limitation period has to be kept in mind while filing a case.

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Adv. Naveen Kumar Ahir Adv. Naveen Kumar Ahir

Hyderabad | 50+ Answers

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Advocate B. Srikiran LawRato · Accepted Answer · 2024-07-04T13:52:37+05:30

Answer #3

Dear, The time limit to set aside the exparte divorce decree by the same court which passed the decree is 30 days and if you are going for an appeal, then it is 90 days to file an appeal against the decree. You can still appeal in the high court against the decree by filing condone delay petition along with the appeal. Your appeal may be allowed by the high court. Coming to filing of DVC and 498A cases, it is difficult to advise without knowing the facts of your case.

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Adv. B. Srikiran Adv. B. Srikiran

Hyderabad | 5+ Answers

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Advocate Solomon Raju LawRato · Accepted Answer · 2024-07-04T13:52:37+05:30

Answer #4

Yes, you can reopen your case, if you have no knowledge about the case nor summons or notices were not received at your house address. Else, it will be very difficult. Anyhow, it is not late as of now. You can file this month. You have to file an appeal in these cases.

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Adv. Solomon Raju Adv. Solomon Raju

Vijayawada | 50+ Answers

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