Seema (Others) 16 December 2009

What does it mean by ''Restoration of Divorce Case'' ?

Hi, I would like to know what does it mean by restoration of divorce case? For example if family court grants the divorce to wife and husband challenges this order in high court and high court restores the divorce given by family court? Does it mean the earlier divorce given by family court is temporary set aside or the complete order is reversed cancelling the divorce given by family court?

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 16 December 2009

I think you want to say that the divorce was granted exparte to the wife and the husband challenged the order in high court and high court set aside the exparte decree.

niranjan (civil practice) 16 December 2009

I think the matter is remanded to the lower court.

Seema (Others) 16 December 2009

actually its a final judgement given in a contested divorce case by family court. So husband wants to appeal in high court. So after his side positively does the restoration word come in picture? But now I am understanding from your post that restoration is nothing but the setting aside of previous order.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 17 December 2009

When any party did not appear in the court, court ordered exparti and order against the parti who did not apper before the court. To set aside this exparti order we usually file a simple application before the same court to set aside this order and if that court did not allow our application then we move before the High court.

In ur case, high court has set aside the exparti order now your case will heard by the court below and if divorce was granted by the court below then it is set aside and now u have chance to defend ur case in district court. Rest ur councel will guide u properly.

Good luck