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Author Topic: Ex party divorce order: Is his appeal valid or infructuous?  (Read 1296 times)

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Offline a_b

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Ex party divorce order: Is his appeal valid or infructuous?
« on: March 08, 2017, 05:53:16 PM »
My sister got into an arranged marriage with a man in Janury 2013. Within 5 months, she faced problems as the guy used to mentally torture her and she separated. She filed for divorce in 2014 at our hometown (Gorakhpur). The man received the summon  and appeared in the court. Then he remained absent on few dates. As the case progressed the cross examination happened for both the parties. He appeared for that too and clearly stated that he is not ready to stay with my sister and put many character related accusations against her. Then to delay the court proceedings he stayed absent on many court dates. 4 times the court proceeded for ex party and he appeared on the next date and each time applied for recall. Every time, it was accepted and the proceedings used to start fresh. Finally in November 2016, the court passed ex parte divorce judgement in my sister favour. He stayed silent for the 88 days and filed an appeal on the last day of the wait period in the same family court that had passed the judgement. The judgement clearly says that he tried to delay the court proceedings many times and that all reconciliation efforts of the court failed between both tha parties. Will the same family court judge accept the appeal? He is just harassing us mentally through legal way. He is a psychopath and just wants to ruin my siter's life. What to do?

Offline adv.amarnath

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Re: Ex party divorce order: Is his appeal valid or infructuous?
« Reply #1 on: March 12, 2017, 02:18:08 AM »
You have called me as well as emailed me. Due to lack of identification/ concelment of identification, I have not replied.
Anyway, I am replying you as far it is possible under open forum.

Every person has right to Appeal. Even if the order passed ex parte. He can file a petition under Order 9 Rule 13 of the Civil Procedure Code. If he has cogent reason then ex parte may gets vacates and matter will be start afresh. But probabilities are less. He can approach to High Court against the ex parte divorce decree and again If he has cogent reason then ex parte may gets vacates and matter will be start afresh.

Suggestion: You have to wait until any summon reaches to your sister

Amarnath Sanyal
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