Set a side petition

Ramesh (Querist) 18 June 2016 This query is : Resolved
Dear sir, i have got Ex-Parte decree of Divorce on 20th Feb 2014 since my wife was irregular and absent to attend court and based on her absent family court awarded me Ex-Parte Divorce .
On 6th June 2016 i got notice from court u/s 5 limitation Act for set aside petition (in brief ).....
After 535 days of delay from date of Ex-Parte Divorce decree my ex-Wife submitted a petition to put my of Ex-Parte Divorce decree set aside and mentioned the reason that her health was not good to attend the court during that time . So, sir after delay of 535 days shall be the court permits her petition and whether my Ex-Parte decree of Divorce order will be kept aside .
Thanking you.

Follow Query

Report Abuse

ADV-JEEVAN PATIL, MUMBAI (Expert) 18 June 2016
Pl. Understand the Ex-parte decree can be se aside if court is of the opion to do so andaccordingly uses its discretion.

Advocate Bhartesh goyal (Expert) 18 June 2016
Strongly Oppose the ex-parte decree set. aside petition and also oppose the delay condone application.petitioner has to explain each day delay,merely saying that her health was not good is not sufficient to condone the delay.

Devajyoti Barman (Expert) 18 June 2016
query is repeated which is already attended.

adv.bharat @ PUNE (Expert) 18 June 2016
Yes Ex-parte decree can be set aside if only court is of the opinion that delay is for proper reason.
In ur case your wife need to give proper reason with documentary evidence given by subject matter specialist.