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What to do if my wife is not appearing for divorce case
16-Jun-2023 (In Divorce Law)
Have got ex-parte divorce in Jan 2018 and my wife attended mediatation center and she is not ready to join with but she didn't filed counter and remain absent in front of judge, she is attending MC case regularly and now they said re-opening the Divorce in June 2018 is it possible and she is planning to file DVC and 498A cases.
your wife can file petition to re-open the divorce case and can even file a case for DVC and 498-a. Your wife can file petition to protect her rights. As the decree obtained by you is an exparte divorce decree and by filing a petition to set aside the exparte decree the case shall be re-opened.
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Adv. Dwara Pallavi
Hyderabad | 200+ Answers
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Dear,
Yes. Your wife can reopen the ex-parte divorce proceedings showing reasons why she could not attend the court to participate in the divorce proceedings and the court may allow the set aside petition of your wife and may reopen the ex-party divorce case if there is no strong resistance from your side. You may need to object to the petition by highlighting the behavior and activities of your wife and convince the court to dismiss her set aside petition.
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Adv. B. Srikiran
Hyderabad | 5+ Answers
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Hi
Ex-parte divorce should be reopened within 90 days from the date of order.
In general, if the wife can show that she is not aware of the ex-parte decree and also had valid reasons NOT to attend court NOR file counter, the judge might agree after imposing costs on your wife.
Your lawyer should contest the reasons and get the ex-parte decree confirmed.
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Adv. Rajagopalan
Hyderabad | 25+ Answers
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