Divorce Laws Sections
Manpreet Singh
(Querist) 03 June 2018
This query is : Resolved
Do we have any section number as per Indian law applying which the divorce happened as ex-party cannot be challenged in the higher court?
Ms.Usha Kapoor
(Expert) 03 June 2018
\There is no section by which an exparte order can't be challenged. \Yes! For Example1) if your husband is aggrieved by exparte order of divorce he can move court to set aside exparte divorce
2)Move an application under Order IX Rule 13, CPC for setting aside ex parts decree can be filed by the respondent. Family Court may allow the application and set aside the decree for divorce
3) in the alternative husband can file appeal against exparte decree.
Vijay Raj Mahajan
(Expert) 03 June 2018
There is no law that the ex-parte order for divorce cannot be set aside or challenged.
Rather, under order 9 rule 13 of the Civil Procedure Code, ex-parte order/decree can be set aside by the trail court only (not the higher appelant court) being satisfied the ground for doing so exists for the same and in the interest the such order/decree should be set aside which was made ex-parte.
The High court can only go into the appeal/revision arising out of the order of the trail court with regard to divorce or application made u/o 9 r 13 CPC only.
R.Ramachandran
(Expert) 03 June 2018
Ms. Usha Kapoor: I do not know whether to laugh or weep after reading your answer.
What is the question and what is your answer! LET GOD SAVE US FROM YOUR TORTURE.
Ms.Usha Kapoor
(Expert) 03 June 2018
You do both laugh and weep. Thee is not much difference e between m y answer and Mr.Vijay Raj Mahajan's answer. Somethings in round about way he suggested.Please read carefully his answer and my answer.
R.Ramachandran
(Expert) 03 June 2018
The question was whether there is any law by which the ex-parte divorce order cannot be challenged?
Mr. Mahajan very rightly stated that there is no law that ex-parte order of divorce cannot be challenged or set aside.
Whereas, Ms. Usha Kapoor never said so.
If that is OK, so be it.
The querist will surely know the difference!
K Rajasekharan
(Expert) 03 June 2018
The query, as I understand it, seeks to have the section number of the legal provision which disables a person from challenging an ex-parte order on divorce, in the high court. Mr Mahajan rightly answers that there is no such section.
Guest
(Expert) 03 June 2018
There are certain acts for bodies which are formed by special statutes and those are called statutory bodies. They have this type of clause where once it is decided under that particular act, it cannot be challenged elsewhere. But for matrimonial disputes there is no such law right now. There is scope for appeal in case of revision or review or repeal. The exparte orders can be set aside by the same court which passed the exparte orders and the case will again go on trial.
Kumar Doab
(Expert) 03 June 2018
Ms. Usha Kapoor has responded like Mr. Vijay Raj Mahajan has also responded.
Kumar Doab
(Expert) 03 June 2018
The Apex Court has examined the provisions of Order IX Rule 13 of the Code of Civil Procedure, 1908..
Supreme Court of India
Parimal vs Veena @ Bharti on 8 February, 2011
Bench: P. Sathasivam, B.S. Chauhan
https://indiankanoon.org/doc/602824/
Ms.Usha Kapoor
(Expert) 04 June 2018
There is no section by which an exparte order can't be challenged. \Yes! For Example1) if your husband is aggrieved by exparte order of divorce he can move court to set aside exparte divorce
2)Move an application under Order IX Rule 13, CPC for setting aside ex parts decree can be filed by the respondent. Family Court may allow the application and set aside the decree for divorce
3) in the alternative husband can file appeal against exparte decree.
K Rajasekharan
(Expert) 04 June 2018
Somehow, I too failed to make out that Ms Usha Kapoor's answer was right, may be due to the structure of her answer.
Of course, she was definitely right in her answer.
R.Ramachandran
(Expert) 04 June 2018
In fact it is a somersault by Ms. Usha Kapoor. Now by saying " There is no section by which an exparte order can't be challenged", for the first time she has said that no such law/section.
Earlier, in her first post, instead of saying so, she went on to say that how an ex-parte order can be got cancelled! The query was not whether it can be got cancelled. Rather the query was whether there is any law by where an ex-parte order cannot be challenged.
It was only Mr. Vijay Raj Mahajan who correctly and straight away stated that there was no such law.
Dr J C Vashista
(Expert) 04 June 2018
How you are concerned with present topic for academic debate?
Guest
(Expert) 04 June 2018
Kamagni aunty is also doing a pass time by pouring fuel to spread her agni (fire)!
Dr J C Vashista
(Expert) 04 June 2018
Thank you Ms. Kamakshi for complements. At least you have scored highest marks and first position.
Best wishes
Dr J C Vashista
(Expert) 04 June 2018
Ms. Kamakshi (Advocate) Nellore,
I hope you shall stop sending personal performance report and contribute some legal knowledge for the benefit of needy litigants, which is a social service.
You will appreciate this platform is not meant for students, moot court topics etc. etc.
You might have noticed present query is to take an examination, where both of us (yourself and me) have miserably failed.
Best of luck.
