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Author Topic: Setaside Exparte divorce after 3 years  (Read 479 times)

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Offline Ananya123

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Setaside Exparte divorce after 3 years
« on: July 01, 2018, 09:50:19 PM »
Hi ,
My husband had filed a case of divorce under the ground of cruelty and desertion ,I was contesting it throughout but then he was trying to twist my arms by keeping my daughter in India and not let her travel to me (I am NRI).I agreed with him under guardianship court that I will keep the custody of the child and will not ask for any relief and he in turn change the  divorce case on the ground of cruelty and desertion to mutual consent divorce .But he breached it as he concealed the facts in divorce court and took and exparte divorce.I got to know about it after 3 years when a relative told me that he got remarried.I want to know that is condonation of delay is applicable in this case?On what grounds can I justify my case.

Offline advjaibansal

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Re: Setaside Exparte divorce after 3 years
« Reply #1 on: July 02, 2018, 01:21:23 AM »
Dear Ma'am,

You need to file an application for setting aside the ex-parte decree of divorce explaining your reasons for non appearance before the court. If court is satisfied with your explanations then only ex-parte decree of divorce can be set aside. You also need to file an application for condonation of delay in filing the application for setting aside the ex-parte decree of divorce and explain the reasons for moving the application after a period of three years.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Ananya123

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Re: Setaside Exparte divorce after 3 years
« Reply #2 on: July 02, 2018, 04:41:59 PM »
Thanks for reply but will the court will set aside even if the spouse did a remarriage with his girlfriend ?

Offline advjaibansal

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Re: Setaside Exparte divorce after 3 years
« Reply #3 on: July 03, 2018, 01:11:29 AM »
Remarriage is not a ground for not setting aside the divorce decree. You have show that fraud has been played on you.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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