Reg:ex-parte divorce
R.Ramesh
(Querist) 15 June 2016
This query is : Resolved
Dear sir, i have received order of Ex-Parte Divorce by family court on 20th Feb 2014 and my ex-wife had filed set aside petition u/s 5 of limitation act,i,e after 10 months 15 days from date of ex-parte Divorce order, stating that due to ill health she could not attend the court and i got notice from court about this on 13th June 2016 and now this ex-parte divorce is valid or not and what will be the exact limitation period to file set aside petition as per u/s 5 of limitation act after getting Ex-Parte Divorce.
Please kindly provide me the information. Thanking you.
Devajyoti Barman
(Expert) 15 June 2016
The decree is divorce is very much valid and you can remarry now.
However do remember that is the ex parte decree is set aside then your second marriage would be nullified.
Siddharth Dev
(Expert) 15 June 2016
filing of application u/s 5 of limitation act is for the purpose of Con-donation of delay. and on proper plea court can condone delay by using her inherant powers
P. Venu
(Expert) 16 June 2016
The divorce is valid until and unless the court admits the restoration petition condoning the delay and the decree is set aside.
However, the validity of the second marriage contracted before such an eventuality would not be affected.
Rajendra K Goyal
(Expert) 16 June 2016
Oppose the move for reopening of the case. The divorce is valid till ordered otherwise by the court.
Kumar Doab
(Expert) 16 June 2016
You can benefit from the advise of experts.
Dr J C Vashista
(Expert) 17 June 2016
Well advised by experts, I agree.
Delay in filing application for 348 days has to be justified for each day, contest and get the condonation dismissed.
Presumably your wife has moved application u/o IX Rule 13 CPC, it is suggested that since the case was decided after due notice, appearance and contesting by the respondent, except lately when she preferred not to participate the proceeding, which is no ground to set aside ex-parte decree especially after her appearance in court, get the application dismissed on its merits.
Consult and engage a local prudent lawyer, if earlier is not available, for further guidance and proceeding.
T. Kalaiselvan, Advocate
(Expert) 20 June 2016
Whether the section 5 application to condone delay in filing the set aside petition is valid or not you may have to challenge the same once you have received notice from the court in this regard or else that application shall be decided in your absence and agaisnt you.
