pls advice

Querist : Anonymous (Querist) 01 January 2010 This query is : Resolved
Dear experts,

I would like to know if husband gets ex parte divorce, wife challenges the order stating some false reason and if the husband proves that the reason mentioned in her appeal is false, will the court set aside the decree? If not, can she have chances of getting it set aside from upper court?
Thanks

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Kiran Kumar (Expert) 01 January 2010
it depends upon the facts and circumstances of the case, nothing absolute can be said without perusing the file.

Devajyoti Barman (Expert) 01 January 2010
The ex-parte decree gets set aside if it could be shown that the Respondent did not receive the summons of the case or he could not be present due to reasons beyond his control. That apart on merit of the judgment the same can be set aside.

Raj Kumar Makkad (Expert) 01 January 2010
In the given facts, the opinion of only Kiran is accurate.

Sukhija (Expert) 03 January 2010
I agree with expert Barman

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