What is the period of limitation for an appeal against exparte divorce


By religion Hindu, Decree of Divorce received Ex-party on 14.03.14 as per Spl Marriage Act and re-marriages on 29.01.15. OP filed a petition, stated that she don't know anything about this decree and finally when she knew the matter, she failed to submit petition and taken 122 days from the date of receipt due to her Lawyer ignorance. The Ld Court taken their petition. Now my question is, is Ld Court accept her petition after 122 days ? In that case, is my second marriage effected for this ?

Answers (3)


112 votes

I think or in my opinion 122 days delay is a long delay which would be tough for the Appellant side for raising ground for condonation of delay u/s 5 of Limitation Act. Here in your Case I do not know which ground they have show. Moreover, it your Advocate can show that the Summons was duly served upon the Appellant and she willingly did not appear or contest the Suit. Then you can get the benefit.


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109 votes

Yes your second marraige is affected if the exparte decree is set aside If the condonation of delay is accepted by the Court then there should a hearing where you need to satisfy that the ground stated for condonation are vague and just meant to harass you.
Thanks.

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233 votes

That the petition is infructuous. There have so many case law for this judgement dismiss appeal against EX parte decree.
So don't worry nothing was happened.
You just argue the interest of second wife.

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