Legal Question in Family Law in India

Hello sir i got divorce on 18/8/2017 by ex party concern and today that is on 14/11/2017 i got the Form 11 rule 15 act notice from my wife (petition filed on 8/11/2017) mentioning that \" set a side the order dated on 18/8/2017\" and i should attend the court on coming month, hence my question is its been 80 days to get a form 11 notice from her so is it acceptable by Honorable court i mean court can chance to take notice and what are the steps should i take before appearing the court.what will happen if i get married after a week as my second marriage is all set.Please give me better advise


Asked on 11/14/17, 1:31 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Dear Client

An ex parte order can be set aside upon an application by the party but the limitation period to file application is 30 days. So, her application is beyond limitation period and she must have attached an application for condonation of delay. There is a conflict of judgement regarding limitation period to file appeal. As per HMA it is 30 days and as per Family courts act, it is 90 days. Matter is little complicated. You need to contact. I can not detail here.

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Answered on 11/23/17, 9:38 am


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