What does it mean by Restoration of Divorce Case?

Querist : Anonymous (Querist) 16 December 2009 This query is : Resolved
Hi,

I would like to know what does it mean by restoration of divorce case? For example if family court grants the divorce to wife and husband challenges this order in high court and high court restores the divorce given by family court? Does it mean the earlier divorce given by family court is temporary set aside or the complete order is reversed cancelling the divorce given by family court?

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Adv Archana Deshmukh (Expert) 16 December 2009
I think you want to say that the divorce was granted ex-parte to the wife and the husband challenged the order in high court and high court set aside the exparte decree.

Querist : Anonymous (Querist) 16 December 2009
No. actually what does it mean by restoration of divorce?

Sukhija (Expert) 16 December 2009
Hi
It means divorce granted earlier is not confirmed and the matter is reverted back to family court for re consideration of evidence, which was or may be decided ex parte. Am I Right?

Sukhija (Expert) 16 December 2009
I mean May have been decided ex-parte earlier.

Raj Kumar Makkad (Expert) 16 December 2009
Any order is not treated as confirmed until and unless it is finally decided by appellate court and matter is treated as continuing. In the present matter if the high court has restored divorce it means the divorce granted by Family Court has been treated as set aside temporarily until the decision of High Court.

Querist : Anonymous (Querist) 16 December 2009
Thank you very much all members for answering my query. Now I understood it :)

aman kumar (Expert) 17 December 2009
agree with raj kumar sir

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