Wife should appeal against order of HC to set aside divorce decree

2) wife is co owner of house and has 50 per cent share in the house

3) in HC by consent of parties divorce decree can be set aside

4) wife can seek maintenance fir herself and children

5) if wife is drawing more pension than husband she would not get any maintenance for herself

1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolve on the ground that since the solemnization of the marriage, the respondent...

(i) has committed adultery; or

(ii) has ceased to be Christian by conversion to another religion; or

(iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(iv) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

(v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or

(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or

(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or

(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or

(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

(2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality

Decree of divorce means their marriage has been cancelled. 2. Decree of divorce is a court order which can not be canceled by the same Court. ... If it is a contested divorce, then one party can appeal before the appellate court praying for cancellation of the said decree of divorce.

A. Yes, against the order of the district judge you ca prefer an appeal before the high court. If there is merit in the case then the appeal can be allowed. In the appeal you can apply for alimony.

B. In the appeal your husband can give consent for setting aside the decree of the court.

C. Even without cancellation of the decree of divorce both of you can stay together.

D. Even without setting aside of the decree of court your husband can not remarry.

E. If the property is standing in the name of the husband

F. Husband is liable for maintenance for both his divorced wife and unmarried daughter.

Dear Client,

Even after granting divorce she can recovered expanses incurred on marriage , housing etc. for that purpose she should file complain u/s 406 IPC.

5 years long time to contest diovrce, file applcaiton to set aside e parte divorce.

He have to remarry, divorced once granted on his request cannot be recalled except by Supreme Court.

Wife/husband has lost inheritance right on each other property, children right still survives,

Children/wife can file for maintenance against father u/s 125 CrPC. Maintenance is granted to divorced wife who are unable to maintain herself.

a) Appeal on the order of the district court has to be filed on order of divorce, at this stage the amount cannot be claimed but the wife can file for maintenance

B) If husband and wife jointly own the house she is already owner of 50 percent share and she can claim possession of same and partition through the civil court.

c) It would be better to remarry or on ground of mutual consent the divorce decree can be set aside by the high court,

d) He has to remarry her.

e) Children cannot do anything in the divorce case. Property can be partitioned by a partition suit,

f) The wife and children can ask for maintenance under 125 crpc. An application for same can be filed with the jurisdictional magistrate.

1. Firstly she will have to first move the High Court to get the ex-parte Decree set aside and remanded back to the lower Court for fresh adjudication on all issues.

2. If her appeal is admitted and the order of the lower court granting Divorce is stayed, then both husband and wife can file Consent Terms and approach the Court that they want to stay together. If appeal is not admitted, both parties would have to get married again.

3. Adult children cannot seek maintenance but the wife can try.

1. It seems that an ex parte decree of divorce was passed in favour of husband, which the court refused to set aside on the application of wife.

2. Your query does not mention the time that lapsed between the decree and the date on which ex-wife first filed the application for setting aside the ex parte decree. Be that as it may, the High Court will set aside the ex parte decree only if it is shown that either summons of the court was not served on her.

3. If substantial time has lapsed from the date of decree then most likely the High Court will now not set aside the decree.

4. To recover the money that she spent on the house she can file a suit for recovery of money in the civil court even if the HC does not set aside the decree.

5. Wife can seek maintenance from husband even after divorce till the time she remarries. Adult children, however, cannot claim maintenance.

The divorce is already granted and the wife has preferred an appeal against it before the high court.

So it will depend on how she effectively and convincingly present her arguments before court to set aside the divorce decree granted by the trial court.

If the husband wants to remain united with her in the matrimonial relationship then he has to remarry her.

If she wants her dowry amount back then she may have to file a separate case for recovery which may or may not maintainable at this stage due to limitation aspect.