Legal Question in Family Law in India

Re: divorce decree challenged

if the order of divorce granted to you is exparte then if she has suffiecient reason to show her absence or non recipt of notice then court may set aside the order adn remand the matter for fresh disposal.

Re: divorce decree challenged

Ex partee decree can be set aside only if sufficient cause for non appearance is shown

Re: divorce decree challenged

If you are able to show the sufficient cause fo the non appearance then te ex parte decree can be set aside.

Re: divorce decree challenged

you can contact your lawyer who got you the exparte decree in this case.. your ex-wife has to convince the court for her absence...

Re: divorce decree challenged

If divofrce has been granted by the court of competent jurisdiction, and if she was served in accordance with law at the proper place - either of the following three places :

(a) place of marriage;

(b) place of last known residence

(c) the place where you last lived together as husband and wife;

the ex parte decree shall stay valid;

However, in larger interest of justice, the court may grant her an opportunity to contest the case, if meantime you have not changed your position.

A lot will depend upon totality of facts and circumstances and the decision of the court will depend upon your full facts and evidence brought on record.

You seem to have a prima facie good case; however, no prediction or guess work should be made about orders that are yet to be made by the Court.