Legal Question in Family Law in India

Me & my ex wife sperated 2 years back, she filed for custody for kids as well for divorce,which later she withdraw as mutually agreed & we signed our 1st motion amicabily, she was living in adultery so is the reason she was wanting this divorce, after 6 months she at the time of 2nd motion she didnt turned up & left india to johanesburg with that gentelman, i filed the petition & got the exparte divorce decree. Now she is back to india after 9 months of our exparte divorce & i expect her to chalange this exparte divorce decree, what are her chances to get this order set aside


Asked on 9/02/12, 4:33 am

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

She has to show reasonable and good cause for getting the ex parte decree set aside and the court must be satisfied. A period of 9 months is not less. your petition was also converted into mutual consent petition. It was no more a contesting petition.So in my opinion she may have 20 to 30% chances

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Answered on 9/02/12, 5:01 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i agree with Mr. Pawse. there are discretionary powers of court.

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Answered on 9/03/12, 2:34 am
Sanjay Kalra Sanjay Kalra & Associates

The chances to get Exparte Decree is set aside is nill.

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Answered on 9/03/12, 3:11 am
KAMAL GROVER

Though there are very bleak chances but recent supreme court judgment says that ex parte decree can be challange in divorce cases at any stage.

So be careful.

Regards

[email protected]

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Answered on 9/03/12, 9:11 am


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