Wife did not appear for divorce proceedings. Can she challenge it?


I got married on June 2, 2013 by Hindu rituals. And just after 2-3 days of marriage my wife started creating problems / scenes - shouting, physically and verbally abusing - fighting all the time with me & my family. After creating a lot of trouble to me she left me on 17th Oct, 2013.

I filed a Divorce case and my wife didn't appear before the court for a single time, even after being summoned by the court for all the three times and at last after publishing it in the newspaper, I got the Divorce.

Can the Divorce be challenged by her once again somewhere else?

Answers (1)


134 votes

Assuming you are a Hindu, your marriage will be governed by Hindu Marriage Act 1955.

Based on the above facts, the component district Court may pass an ex parte decree and according to Section 28 of the Hindu Marriage Act, your wife can challenge the order within a  period of ninety days by filling appeal in the High Court against the ex parte divorce order passed by the district court.  

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