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Venkat (XYZ)     15 December 2011

Exparte divorce decree - set aside

Hi,

Husband got exparte divorce decree 3 years back and the same is well aware of wife and kept quiet at that time. Recently wife filed a petition u/s 5 of limitation act to condone the delay to contest. Husband filed a counter to it also.

In the mean time husband came to know that wife also filed a seperate divorce petition in her place and that divorce petition had got dismissed as wife was not regularly appearing before that court and summons/notice was properly not served to husband. Now husband had the order copy of that court where the wife's divorce petition got dismissed.

Will there be any use to husband now in filing that court's order in sec 5 limitation act petition??

your suggestions are highly appreciated.

Thanks in advance..



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 December 2011

Dear Vankat

if she filed an set-aside application with section 5 Limitation Act then file a certified copy of the dismissal order of the petition and file very strong objection in sec-5 Limitaion Act, application.

feel free to call

Venkat (XYZ)     16 December 2011

Dear Nadim Sir,

Thanks for your reply.. Counter to sec 5 of limitation act has already been filed.

At this stage can we file written arguments along with certified copy of the dismissial order copy of her/wife's divorce petition??

 

Thanks


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