Exparte divorce decree

Dear Venkat,

In a petition to set aside the exparte decree/to condone the delay, whether the adulterer was shown as respondent or not as a responent, it will not affect ur case.

Normally, courts will take liberal approach in allowing petitions under sec 5 of limitation act, if the petitioner is able to show sufficient cause for delay.

Court will condone the delay and she can always add co respondents and state that it took her lotsa time to find out the name and adress of your mistress. DONT QUOTE KATJU HERE,IT DOESNT WORK and Marvin case came later and the "learned" Justice Kathju was billsfully unaware of the history behind the Marvin case.

Mr. sridhar is right

So far my little knowledge says, in proceedings under order 9 rule 13, no addition or delition of any one is allowed.  Nor any one, like you/respondent/person proceeded exparte ,  to these supplimentary proceedings, has any right to drop a person , already a party to main petition. First your application under section 5  shall be decided on facts and circumstances and only  thereafter your application for setting aside exparte decree can be taken, heard and decided.   

  second thing, I am not in agreement with Mr. Sidharth and others commented.. as per your own admission you and the adulteror had had been duly summoned and thus had due knowledge to represent your case, but  since you did not respond to the pending proceedings, thus in view of well settled law  cited in 2008 ( civil court cases) , the Supreme court of India has held that the decree can not be set aside. Even otherwise, since you had the knowledge of pending proceedings, and thus proceeded exparte, now as per other settled proposition of law -  a valuable right has also arisen in favour of husband or other spouse /petitioner to divorce petition.. thus that valuable right so accrued cannot be taken away by taking "LIBERAL APPROACH" to decide section  5 limitation Act's application.  

  Quary itself has big hole therein.  So it is not easy to get the decree set aside -in view of facts narrated by you.

Yet do not loose  heart.

Dear Dilip Sir and others,

I'm on husband side...

@Dilip Sir

Could you please provide the Supreme Court citation where the decree was not set -aside. (2008 ( civil court cases)) ..

Here  now at the condonation of limitation stage, should husband request for the respondent 2 (in the original Petition i.e. adltrer) as part of the case...

Kindly provide the citations where the decree was not set aside due insuffuicient cause shown for delay...