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Krishna Gantayat   20 October 2021

Ex parte divorce and dowry matter

Hi, I got married in 2014. My husband gave me totally wrong information about his job and qualification. Then he gave me an ex-parte divorce in 2015 but did not return my belongings and 10 Lakh money till now. I filed a case now. Can I get it?



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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     20 October 2021

Hello,

You will have to challenge the judgement in appeal. Challenging ex parte divorce now is difficult you should have strong reason for not challenging the judgement. 

Krishna Gantayat   20 October 2021

Yes, I have strong reasons for his qualification and job. But I want to get back my dowry money, ornaments, furniture, utensils. Is it possible or not? Kindly tell me.

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minakshi bindhani   20 October 2021

As per your concerns!

The time limit to set aside the exparte divorce decree by the same court which passed the decree is 30 days and if you are going for an appeal, then it is 90 days to file an appeal against the decree. However, appeal in the high court against the decree by filing condone delay petition under section 5 of the Limitations Act along with the appeal. An appeal may be allowed by the High court.

Referring case law
A.Raja Sundari vs Suresh Kumar (2016)

Hope it is helpful
Regards
Minakshi Bindhani
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Krishna Gantayat   20 October 2021

Hi, I got married in 2014. My husband gave me totally wrong information about his job and qualification. Then he gave me an ex-parte divorce in 2015 but he did not return my 2 Lakhs dowry, furniture, utensils, and ornaments. I am an engineer and the only daughter of my parents. He remarried and has 2 babies. I also got remarried in 2019 at the age of 32. I asked so many times to return my all things. But still, he has not returned me. I filed a case now. Can I get back all? Please suggest me.

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