Can the exparte order be reopened set aside by her husband on any grounds
Uthaman
(Querist) 12 November 2012
This query is : Resolved
Hi - My name is Uthaman, my brother is planning to remarry a girl who had applied for divorce on 21-04-2008 in Coimbatore.The case was filed on section 13 (1) and (1a) of HM Act asking for divorce. The girl has been living away from her husband ever since she filed for divorce. Though the court has issued summons to her husband, he or his advocate had never turned up and the court had issued an Exparte divorce order on 09-06-2009.
The girls family had also published on daily news paper before the divorce order.
Can this girl get remarried as it has been more than 03 years since the Exparte divocre order has been passed.
Now that my brother is planning to remarry this girl, Is it possible by her ex-husband, go ahead and reopen the case that he has never received the summons? Will the divorce be cancelled ?be able to revoke/reopen the case later due to anyother reasons. Or cause any kind of trouble to the girl and my brother after remarriage. What should be done to avoid such a situation.
Kindly help us, as we dont want to get into any kind of legal problems after the remarriage in any regard.
Regards
Uthaman
ajay sethi
(Expert) 12 November 2012
since the ex hsuabnd di not respond to court summons court has passed ex parte decree of divorce . 3 years have passed since order has been passed . if ex husbnad was aggrieved he could have moved court for setting aisde exparte drcree . since he has not done so your brother can mary the divorcee .
Devajyoti Barman
(Expert) 12 November 2012
Yes there is no problem for remarriage.
Go ahead.
