X party divorce appeal process

Yes after the order of ex-parte divorce yourwife can anytime appear in the trail court move application under Order 9 Rule 13 CPC for setting aside decree of divorce. No time frame for moving the setting aside application but the respondent wife will be required to show and satisfy the court as to why she was unable to defend the petition for divorce even after she was served with court notice.

The appeal in the High Court against the district court order granting decree of divorce to you can always be second option for your wife but in that case too she will be required to show and satisfy the High Court that the trail court committed apparent error of law while deciding the divorce petition in your favor. In appeal the ex-parte evidence that was not contested by you cannot be challeged but the error of law committed or ignored by the trail court will always be open for the respondent wife, 90 days is time period within which appeal should be filled but any delay in this can also be got condoned by moving application for condonation of delay by siting relavant reason for the same.

The trail Family Court usually allows the setting aside application under order 9 rule 13 CPC in most cases thus allowing the respondent spouse to bring on record his/her case defending the divorce petition the trail Family Court.

Its not reappeal ,but appeal.Rightly suggested by the above expert.

In case you get exparte decree in your favour your wife can file an application within 30 days against the divorce decree in the same court and can re open the case, if she fails to do so she can move to high court for an appeal within 90 Days from the decree of divorce passed and get the case re open .

1)if she does not appeal in high court in 90 days what will happen.

2) i noticed in most courts.. if some file a case against a person in one court.. they file same case in different court and the court takes it up..

 

 

Property went experte

What is this Contested--Decreed With Costs ?

Contested means the other party can challenge the decree any time? is there any time limit?

The other party didn't attend to court in the whole process.

 

"If, if, if, if.  Please stop this if business.  Stop contemplating."

We must understand that people coming here to take guidance/advices are not subject matter experts. Most of them are under stress. You all are from this field and experts. You must be seeing lot of such matters and it has become a routine. Lets be humble and understand that the person needs suggestions not of directions or frustrations.

If I cannot sooth someone’s Mind/Situation, I should not either bother them with my reactions/words.