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Srinivas (.)     24 February 2014

Exparte divorce time limit

Hi All, Once exparte divorce issued by judge  to the wife ,Is it possible to reopen that exparte divorce by husband? Please suggest .Thanks.



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     25 February 2014

Exparte decree can be set aside by filing a petition seeking to set aside the same.

Srinivas (.)     25 February 2014

Hi, Thanks for quick advise but Didn't understand.Please clarify. Sorry for asking again.

abhijeet (Executive)     25 February 2014

Sir, what is the time limit for making that application for setting aside the ex-parte order?

Srinivas (.)     25 February 2014

Hi,Is there any time limit is there to reopen the exparte divorce? Thanks.....

Gautam Kapoor (IT professional Studying Law)     25 February 2014

30 - 90 days.

Srinivas (.)     25 February 2014

Hi Thanks for quick advise. if wife has filed for divorce and judge issued exparte divorce to wife and Is wife has right to  withdraw the exparte divorce order later ? Please advise.

Srinivas (.)     26 February 2014

Hi, In expartee divorce,Will judge issue Mainatince order to wife ?or wife will file separtely Maintance case? How judge will issue exparte divorce to wife? Plesae advise.

T. Kalaiselvan, Advocate (Advocate)     26 February 2014

@Srinivas: The exparte decree can be passed for various reasons, i.e., for not appearing even after receiving the summons initially, or for not filing he counter despite many chances, or no representation continuously for many times, etc.  The time limit for setting aside the decree is within 30 days from the date of order.  For maintenance, she should apply for the same separately in the same case. Further, once a decree is granted where is the question of she withdrawing the exparte decree.

Srinivas (.)     27 February 2014

Hi Sir,Thanks for quick response.

1)Please confirm ,The time limit for  setting aside the decree is within 30 days or 90 days? Because am getting multiple answers.

2)  For maintenance, she should apply for the same separately in the same case.: means In Divorce case or separtely she has to file Maintaince case in same court? Please confirm.

3) After issuing exparte divorce decree,  will court send  exparte divorce decree to husband address or can we collect from court? Please advise. Thanks for ur time.


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