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Setting aside divorce order after death of husband
23-Jul-2023 (In Family Law)
I need urgent valuable advice of experts here on folloy issue :-- my brother got divorce from his wife 14 years back ( ex-party for cruelty) his wife never objected to this ex-party divorce order in 14 years.. but now after death of my brother and death of parents...she recently filed petition in family court to set aside this divorce order with intention to get property of my deceased parents.. she says that this order was issued on ger back and she was not aware.... Kindly guide me ...what should i do
as per the limited information provided by yoy after death of husband her petition for vacating divorce decree is not maintainable. still for better advice you need to personally come to my office with all the relevant documents of the case.
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Adv. Brajesh Kumar
Delhi | 25+ Answers
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Hello. I have perused your query. The limitation to appeal against an order granting divorce is a period of 90 days. Clearly, 14 years is well past the stipulated time. Your brother's ex wife can under no circumstance seek a setting aside of the order. You can most certainly initiate criminal proceedings for initimidatiin against her. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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