Gagan Souri (A M) 17 November 2010

Judicial Seperation or Divorce Decree?

Hello Memebers,

My wife filed divorce suit. I could not attend for one hearing. Later I went to family court to find out the next hearing. I came to know that I got expartee divorce.

Before that i did not receive any summons/notice before declaring the expartee divorce.

Questions to the Forum:

· Can judge declare a divorce within one year of filing, even though expartee.

· Is it a final divorce decree or a judicial separation?

· Now how to re-open the case.

Please let me know asap

Rgds

Gagan

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 17 November 2010

Ex-parte divorce is granted only when the summons of the petition are duly served on the opponant and the opponant fails to appear in the court, this is valid. No seperate summons are issued again before passing the ex-parte decree.

It is a final decree of divorce and not judicial seperation.

You can make an application for setting aside the ex-parte decree.

Jamai Of Law (propra) 17 November 2010

Contact a good, experienced and a renowned lawyer.........You would require to approach to the court with cogent reasons to be able to set aside ex-parte decree.