I came to know about the ex parte decree in 2010 only. I had enough evidences to show that no proper notice was served on me and that I had moved to another state and that I had informed her about it. I am not a law expert but I have read many case laws and I have been told by some lawyers that the time limit for filing set aside case starts from the day when the aggrieved party come to know about the ex parte decree and if the beneficiary has remarried than the marriage can be declared void also. In my case even after a delay of 500+ days my petition was accepted on the merits.
The case got delayed because of many reasons like delaying tricks by the opponent, retirement of a judge and gap of months in the appointment of new judge, absence, strikes etc. But the main reason was an application for maintenance u/s 24 of HMA. The judge ruled that only a spouse can claim maintenance u/s 24 and since the decree has not been set aside so far so she cannot claim maintenance. Even otherwise she wasn't eligible for maintenance as she is working and earning enough.
But in the chamber meeting, the judge asked me if I was willing to pay, I said yes and later I paid a mutually agreed sum.