Legal Question in Family Law in India

My wife Aplayed for divorce. but i not filled counter because of my illness.i am apcent to the court. The judgment is *ex par-tee decree divorce.* my wife had another marriage without Divorce. what is prosiger for petition


Asked on 9/07/10, 6:18 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

you have to file a petition or an application for setting aside the ex parte decree giving the reasons for your absence from the court after having been served with the summons.

But the concern is if your wife has already lawfully married again, what use will be your filing the petition, at this stage. Please note an exparte decree of divorce is as good a decree of divorce.

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Answered on 9/07/10, 10:05 am


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