Ex party divorce and set aside petition

It seems you are out of India. I have to inform you that when girl's side does not accept service from court, Judge could have at least stayed the ex-parte divorce. It all depends whether your advocate stressed on the same.

Further, court may also go ahead to hear you after news paper publication.

Please consult good advocate of your choice and show all documents for exact and bonafide advise.

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An ex parte can be set aside even if they fail to come now. But in all probability your wife must have remarried (note : one can remarry within 90 days of passing of a divorce decree bi parte or ex parte) and in that case - setting aside becomes difficult. However if you show sufficient cause for not having appeared before the court, and in your case the ex parte in itself looks illegal as it should never be done at the first hearing - there should be two-three attemtps at substituted service + publication + email etc. and the courts should be cautious while granting it. 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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Dear Querist

according to ex-party set aside petition, it should be filed within 90 days of the ex-party order/decree, if not filed within limitation, the court have power to allow the petition if the petitioner/applicant satisfied the court that there is a reasanable cause due to this the applicant could not appear before this hon'ble court and contest the case.

as per your query you did \engage the lawyer after 3-4 months of this ex-party divorce decree,  there is no procedure to stay the ex-party decree on this application.

the court only setaside the decree or dismiss the set aside petition/application. the court can not stay the ex-party decree.

feel free to call