What is to be done after ex-parte divorce
raj
(Querist) 04 August 2012
This query is : Resolved
my sister in laws troubled her a lot and from April 2011 she left and started staying with us her inlaws filed divorce in june we got summons and as per our lawyers advice we didn't turn up to the family court of jamshedpur as our lawyer was trying to transfer the case and meanwhile we got second summon and after that she was granted ex-parte divorce in march 2012 and in august 2012 we came to know bout this i would like to know what all we can do now . we didn't give any dowry torture as our lawyer advised that this could ruin the chances of any future mingling with her inlaws we just had domestic violence case on them what can we do now at present please help
prabhakar singh
(Expert) 04 August 2012
You need to move a petition to set aside the grant of ex parte decree decree of divorce in the same Family Court.
raj
(Querist) 04 August 2012
sir its more than 4 months can i move for set aside the grant of ex parte decree
Advocate M.Bhadra
(Expert) 04 August 2012
You can file a petition under order 9 rule 13 of CPC along with a petition u/sec.5 of the Limitation Act for condonation of delay to set aside the ex-parte decree in the same Court where the order was passed.
raj
(Querist) 04 August 2012
sir thank you for such a quick response
sir
what else i can do my sisters inlaws has troubled us a lot even they send some vulgur emails once in a month especially my brother in law they even dont appear for domestic violence in court and what should be the valid reason for not attending the court when exparte was granted
prabhakar singh
(Expert) 04 August 2012
If knowledge of case can not be attributed on you,there would be no need to move any delay condonation application u/s of 5 of Limitation Act,otherwise it would be.First visit a lawyer who shall advise you about the rest of grievances you have.
R.K Nanda
(Expert) 04 August 2012
No more to add.
