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Exparte divorce from husband to wife
12-Oct-2025 (In Family Law)
Exparte divorce given from husband to wife after that husband died in laws informed wife about divorce she was unaware of it and now deny all her rights as widow of husband in property and other funds like Provident funds pension etc what wife can do
A Family Court Appeal is to be filed challenging the Judgement and placing all the facts and circumstances on record, praying to set aside the order.
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Adv. Chanchal Singh
Mumbai | 25+ Answers
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Filing the Petition
The husband files a divorce petition in the family court under the appropriate section of law (for example, under the Hindu Marriage Act, 1955-Section 13 for contested divorce).
The petition must clearly state the grounds for divorce - e.g. cruelty, desertion, adultery, etc.
2. Court Issues Notice to Wife
The court sends a summons or notice to the wife at her last known address.
If she does not appear after receiving the notice, the court will try again (through publication in a newspaper if required).
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Adv. Mahrukh Khan
Mumbai | 100+ Answers
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If the wife was unaware of the ex-parte divorce, she can file an application under Order IX Rule 13 CPC to set aside the decree on grounds of non-service of notice or fraud. If the court sets it aside, she continues to be the legal wife and can claim all spousal rights including pension, provident fund, and property benefits. She should immediately obtain certified copies of the divorce decree and death certificate and approach the family court with legal representation.
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Adv. Saylee Chaudhari
Dombivli | 5+ Answers
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Well, Wife cannot do legally anything now, as the Husband has died, Wife should have challenged the Ex Partee Decree of Divorce during the lifetime of the Husband, when he was alive and doing well within a limitation period.
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Adv. Pankaj Bajaj
Pune | 200+ Answers
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