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xparte in divorce case filed by husband


16-Sep-2023 (In Divorce Law)
my hindu wedding was done in 2007 and no child from this wedlock. we both are working in pvt job. my husband filed divorce suit against me in 2018 on ground of cruelty. our counselling not settled in court. Replication filed and issues framed. i become x-parte after that in starting months of 2020 with think it will be settle between both of us by time with family support, so avoid self involvement in case proceedings. on the other side my in laws filed case to make house vacate from me and my husband and after proceedings judgement was given to their favour in end of 2020. i moved to my maternal home in starting months of 2021 but my belongings is still there in in laws house. 1 would like to know what are the sufficient cause to set aside xparte in divorce case 2. can they force me to vacate the place and remove my belonging from there 3. after xparte divorce decison can i apply to high court or challenge it somehow
Answers (3)

Answer #1
817 votes
Assailing any ex parte decree in High court has a limitation period. Also the ground could be different in every case. You would require to state the complete case to get a sane advice. Also if decree has been granted and a many months have been passed exceeding the limitations as well, then yes the in laws can ask you to vacate the house. You would require to reach out to court in a short span only to procure and protect your legal rights. For any further legal assistance please feel free to contact Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #2
784 votes
you need to file a separate case under DV Act to avoid vacation of place and in so far as setting aside divorce is concerned, the same need to be applied before thr Hon'ble High Court after appreciating the order passed by family court and the reasons for setting aside the same.
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Advocate Zahid Hanief

Adv. Zahid Hanief

LawRatoDelhi | 25+ Answers
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Answer #3
934 votes
Hello, yes you can challenge the order and through mediation you can get back all your belongings, there are no such laws to stop or to refuse Shreedhan getting back. Proper evidences will help you to get all your belongings. But it should be filed within 60 days of ex-party decree.
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Advocate Jayatee Chatterjee

Adv. Jayatee Chatterjee

LawRatoDelhi | 5+ Answers
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