Legal Question in Family Law in
My husband got ex parte order in june 2010, we were living seprately for last 3 years i did not receive any summon & could not read the matter in newspaper.someone told me that after 90 days , i can not challenge the order in higher court ? is there any time limit to challenge ex parte divorce decree?
4 Answers from Attorneys
you can challenged it within 90 days but even if it is beyond that, you may file an application for allowing you to condone the delay. in case the order is of june, 90 days have not expired so far.
file delay condonation application in the court
in my opinion an application to challenge the exparte decree may be filed before the same court which granted the decree within 30 days of the knowledge of the decree, under the provisions of order IX Rule 13 Civil Procedure Code.
However an alternative remedy is to file an appeal against the decree within 90 days of the judgment. The days taken by you for taking the copy of decree from the court will not be counted.
You may file your appeal and also apply for condonation of delay under Section 5 of the Limitation Act. It may be better if you engage a counsel to persue your remedy.