Ex party divorce decree

to get a certified copy takes 2-3 days usually, although on urgent basis the same may be obtained same day.

if the judgement is passed exparte, the same may be challenged before the same court or alternatively you may also approach high court in writ jurisdiction,

Thanks a lot Mr.Vijay Teotia. Can you please advise me , in such type of cases( ex party), what is normal duration allowded to file an appeal.. 

Dear Roy  against an exparte decree you can file a petition before the same court to set aside the same within 30 days from the exparte order. even thereafter you can file the same along with condone delay application. if you are able to convince the court for the delay, the court will accept the delay and will issue to notice to the other party. if any adverse order is passed either on the delay petition or on the set aside petition , then an appeal; will lie before the High Court.

Veda has advised u correctly, High Courts dont have writ jurisdiction in such matters.

better move an application under Order 9 Rule 13 of CPC, before the same court, to set aside the exparte orders.

Thanks a lot  Mr.Kiran and Mr.Veda

Can you please give me one more advise? to move an application under order 9 rule 13 of cpc( to set aside the third party decree)  , Does my physical presence is required for all hearings ? or Can I authorise an an advocate ( or give a power of attorney to one of my family members)  to present  befrore the court on behalf of me ? Kindly consider the fact that I am staying abroad..

MR.ROY,   YOU   SHOULD     ENGAGE    ONE     NEW       LAWYER    INSTEAD    OF     THE         PREVIOUS       ADVOCATE      (   WHO    HAS     CHEATED    YOU ).       NOW   THE    NEW   LAWYER   WILL      PLEAD    YOUR   CASE    UNDER    ORDER 9    RULE  13    OF   CPC.      THUS       U'R      EX-PARTE       WILL  BE   QUASHED     BY   THE   HON'BLE      COURT.

Mr.Roy you have not mentioned the court and place. if it is before a family court constituted under the family courts act 1985, then your presence is required in each hearing( or through power of attorney  till the case reaches evidence stage, subject to the satisfaction of the court) or if its before the regular dist court or sub judge, the lawyer can represent you. but in any case your presence is required to sign the vakalat and petition to be filed before the court to set aside the exparte order.

I do agree with Veda.

Thanks a lot to Dr.Sanat Kumar , Raj Kumar . Veda a million thanks to you dear.

Can somebody please help me  on these.

1. what is the procedure to get a certified copy of the judgement in case of ex party decree?

2. Does the certified copy  of the judgement is required to file a set aside petition  or a condone delay application ?

thanks in advance

roy

No need of certified copy of judgment for set aside or condone delay, since you are moving the same court dear.

Dear All,

Can somebody advise me what is the maximum duration to file a condone delay application in case of an ex parte notice..

Thanks in advance

U can file an application to set aside the ex-parte order passed against you (within 30 days of the knowldge) in the same court. U can contact me for further querries at 9871158578. M from Delhi