Subhomoy Das (Retail Manager) 12 June 2018

Ex parte order

Hello , I like to know from the legal experts that whether the Divorce order judgements passed by the lower courts on Ex parte are legally valid or not ? I have been told by someone that exparte divorce order allowed by court are not legally valid. I got exparte divorce order passed by the Additional District Judge in March ,2018. Kindly advice

Reply Follow

5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 June 2018

If ex parte order is granted then all endeavours should be made to dispose the application for injunction as expeditiously as possible, preferably as soon as the defendant appears in court or another option available is, to limit the life of the ex parte order for a week so as to prevent any incentive of prolonging the matter on the plaintiff’s part.

Subhomoy Das (Retail Manager) 12 June 2018

Exparte Divorced order passed in March 2018. Already 87 days passed. No appeal or any objection filed by respondent yet as on date. Appeal period is for 90 days only I suppose. Respondent never contested the case by personally or by any lawyers.

Vijay Raj Mahajan (Advocate) 12 June 2018

The Ex-parte order for divorce, ex-parte decree of divorce issued to you based on the order, all are valid unless set aside by the trail court on the application under order 9 rule 13 CPC of the respondent or set aside by the High Court in appeal filled against such order within 90 days of passing of the order. If none of these done, then move ahead in life.