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Kripa (Officer)     31 December 2009

Ex-Parte Divorce - Appeal

My husband had filed a divorce petition in Karnataka where he was living with his brother while I am living with my parents in Mumbai. We have been living separately for one year when he first sent me a notice, which I replied thru an advocate. Since the summons from the court was sent to my old address (office & residence) I did not recieve them. Understand that my ex-office accepted & opened the notice by mistake and later returned to the court saying that I was no more working with them. I now received a notice from my husband saying that the divorce was decreed ex-parte as I did not appear after repeated notices (only one notice/summon came to my old address). Since I live in Mumbai, can I file an appeal in a Mumbai court?  Which court it should be?  What is the time limit and procedure? Please help.



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 4 Replies

Kiran Kumar (Lawyer)     31 December 2009

u file an application for the setting aside decree in the same court which passed the exparte divorce decree.

 

mumbai court has no jurisdiction at the moment, first get it set aside from the concerned court citing all relevant reasons....and once the matter proceeds then you may file transfer application in Supreme Court for transferring the matter from the Sate of Karnatka to Mumbai (Maharashtra)

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 January 2010

 

 

I agree with Mr.Kiran

sunil pagare (lawyer)     01 January 2010

Mumbai court have no power u have to file an appication to setting aside divorce decree in same court as Kiranji said.


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