Rahul 27 August 2017

Appeal against ex parte divorce decree

Hi, I have filed for a divorce petition OP in the month of April 2017 and i have received an ex parte decree from court due to absence of the other party. My question is: - 1. I have audio call evidence of her talking to many of my relatives informing them about having received the divorce notice by her. Will this be a substantial and admissible evidence against her if she tried to set aside the decree during the appeal period of 30 days, on grounds of not having received the notice/summon from court itself? Note: - I have also produced in the court the evidence of delivery of the summon to her as seen in the website of the post office.

Reply Follow

3 Replies

Advocate Bhartesh goyal (advocate) 27 August 2017

Postal certificate ( tracking report ) is sufficient to prove service of summon on o.p.

Siddharth Srivastava (Advocate) 27 August 2017

Audio is not a substantial proof. The proper service of summons to your wife and only on her non appearance when the court was satisfied in every aspect only then court proceeded exparte. The limitation of appeal is 30 days in terms of high court rules which differ from high court to high court and this time can be extended on special grounds. Sidharth 9811776422

Adv Radhika Mehta (Advocate) 27 August 2017

As rightly mentioned above, audio is not substantial proof.

Secondly, the appeal period is not 30 days but 90 days as recently held by a Full Bench of the Bombay High Court. However, the same is not applicable in your case, as your wife will first have to move an Application for setting aside ex-parte Decree before the same Court which passed the ex-parte Decree within a period of 30 days from the date of knowledge.

Despite having produced proof of delivery, the Courts will most likely condone the Delay and allow her to fight the case on merits. And anyways, that is much better position for you as an ex-parte Divorce is like a sword hanging over the head.