Challanging A Divorce decree
3 years ago
The respondent (my wife) didnot appear for any hearings during the entire tenure of the case. Now the Ex-parte decree is passed in my favour when my wife did not appear before the court. I want to know if wife can challenge this Decree? If yes, then what is the maximum period during which she can challenge.
My decree does not mention anything about the Alimony &/or compensation in the Decree. Can my wife demand any such alimony/compensation now?
Adv. Sarika Khude
Responded 3 years ago
A.Yes, the wife can do so under Order 9 Rule 13 CPC for setting aside the ex-parte decree.
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Sidhaarth
Responded 3 years ago
A.Yes, wife has the right to file challenging the decree of divorce and she can also file application to set aside exparte order under order 9 rule 13 CPC by citing valid ground. Limitation depends upon circumstances and facts of the case.
Yes, if your wife does not have sufficient income to maintain herself then she can file case for maintenance.
Yes, if your wife does not have sufficient income to maintain herself then she can file case for maintenance.
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Rajnsh Singh
Responded 3 years ago
A.Hello !
Yes your wife can seek setting aside the ex-parte decree passed in your favour by filing an Application under Order 9 Rule 13 of the Civil Procedure Code, 1908 in the same court which passed the said decree. To be more specific, there may be many grounds on the basis of which such an application can be filed and one of those grounds is non receipt of summons to the defendant. She may plead that she never received the summons regarding the suit and if she's able to satisfy the court then I am afraid your decree may be set aside. The time limit for filing of such application is 30 days from the date of decree or if tje defendant says that she didn't receive the summons then in that case 30 days from the date when the defendant came to know about the decree.
Feel free to contact in case of any difficulty
Yes your wife can seek setting aside the ex-parte decree passed in your favour by filing an Application under Order 9 Rule 13 of the Civil Procedure Code, 1908 in the same court which passed the said decree. To be more specific, there may be many grounds on the basis of which such an application can be filed and one of those grounds is non receipt of summons to the defendant. She may plead that she never received the summons regarding the suit and if she's able to satisfy the court then I am afraid your decree may be set aside. The time limit for filing of such application is 30 days from the date of decree or if tje defendant says that she didn't receive the summons then in that case 30 days from the date when the defendant came to know about the decree.
Feel free to contact in case of any difficulty
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A.Hi,
Order 9 Rule 13 states that while setting aside ex-parte decree, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons were not duly served, or that he was prevented by any sufficient means from appearing when the suit was called. If you found this helpful, please rate us.
Order 9 Rule 13 states that while setting aside ex-parte decree, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons were not duly served, or that he was prevented by any sufficient means from appearing when the suit was called. If you found this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Yes the wife can do so under Order 9 Rule 13 CPC for setting aside the ex-parte decree. if the court rejects the petition, she can also proceed with an appeal. If you found this helpful, please rate us.
Yes the wife can do so under Order 9 Rule 13 CPC for setting aside the ex-parte decree. if the court rejects the petition, she can also proceed with an appeal. If you found this helpful, please rate us.
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