Katherine 06 July 2017
Arjun Kohli 06 July 2017
The Court's decision can not be declined, only appealed against, within the provisions of the law. As it is not mentioned anywhere that they have prefered such an appeal, I believe you can file an application before the same Court that granted you the relief in the latter case, informing the Hon'ble Court of the non-compliance with the judgment, by the accused. The Court will then appropriately deal with the guilty persons and further might file a Criminal Contempt charge if they further disobey the orders of the Court.
Sachin (N.A) 06 July 2017
| Originally posted by : Katherine | ||
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Hi, I was married to a Gay husband. Soon after marriage he started playing sick with back ache and anxiety issues. This drama continued for 1.5 yrs and then i filed case for divorce. No one from their family attended any court dates and after so many dates, finally my case became one sided ( ex-party) and i got decison and decree is passed. Now that they have taken my money and my jwellery, I filed a case for that. But now, they are declining the courts decison. My question is, Is it possible to nullify the courts decision in this case? What are the measure that need to be taken here? Thanks in advance. |
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May I know when did court passed the decree of divorce?
Siddharth Srivastava (Advocate) 06 July 2017
There is no way to nullify the court order except by way of filing appeal, revision challenging the order praying to set aside the order but it is not easy. After lape of so many years now order cannot be challenged
Ms.Usha Kapoor (CEO) 07 July 2017
There are three different ways that a divorce case can generally be reopened. First is to request a rehearing within 10 days after the final judgment. In order to do this you have to show the judge that there was an error or a mistake of law during the trial. Another way to reopen it is to request a final judgment be set aside for reasons of mistake or fraud. This generally must be done within one year. You can also appeal a final judgment within 30 days of the final judgment if there was an error in law...
They can't reopen your case to get the exparte decreee of divorce granted in your favour nullified the Judgement which has become final as so much length of time has passed since the final exarte decreee of divorce in your favour.Your case doesn't fall within any of the above 3 circumstances therefore inlaws can't get your exprte divorce decree nullified under any circumstances.
Dr J C Vashista (Advocate) 07 July 2017
Can you explain about marriage with a "gay" and passing a decree of divorce i.e., under which provision of law the marriage was recognised and divorce granted?
Rehearing of the case by same Judge/Court can be there under a review petition (within 30 days of passing the order) when there is some appearant error. Generally review fails and petition is dismissed.
You have posted so many queries in one query, it would be better to discuss with your lawyer.
Samarpan (M)99958670740 (Free legal advice and legal aid cell) 09 July 2017
An ex-parte divorce case can be reopened if the opposite party comes with satisfactory explanation that why it did not contest the case even after receiving the summons. If court satisfies, it will reopen the case or otherwise dismiss their application. Actually, you should have filed case for annulment and not for divorce in the first instance.
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