Yes, if he has sufficient cause to explain behind this delay.

Limitation for appeal for ex parte divorce is 30 days.

After 90 days you will need to file for condonation of delay on valid ground. If court accepts it then only appeal will lie otherwise it will be rejected.

By Ex-husband i assume you mean the person with whom she got divorced by that ex parte divorce decree

1. 90 days is provided to appeal against the judgement of the court to review the judgement.

2. If an ex-husband appeals to court against the order after 90 days, it will not be admitted.

Yes. He can filing appeal after 90 days with an accompanying application under section 5 of the limitation act for condonation of delay.

appeal can be filed along with condontaion of delay application

1. 90 days limit set for preference of appeal is ordinary court of action.

2. Beyond this period also one can prefer an appeal provided he explains the delay so far caused.

3. So in other words the party aggrieved by the ex parte order of judgement can initiate proceeding in the same court under order 9 rule 9 of cpc to set aside the ex prate decree on the ground as mentioned therein or prefer a First Appeal in the high court.

4. if 90 days has already passed then also the appeal can be preferred if the delay is properly explained and accepted by court.

Firslty, when there is an order called “Ex Parte” then it means that the order has been given without hearing the other party.

Secondly, I advice you to please as soon as possible without any further delay file an appeal against the same order.

Thirdly, as you have stated that 90 days are over sill it can be condoned by moving an application along with the appeal for Condonation if Delay to condone the delay.

After 90 days with the applcaiton of condonation of delay.

After expiry of 90, person can remarry.

Dear Madam,

The subject still before the High Courts/Supreme Court whether it is 30 days as per Family Court Act or 90 days as per Hindu Marriage Act. Earlier is the better.

Is remarriage by a Hindu between 30 and 90 days of a divorce verdict a legal marriage? This is a perplexing question which a 39-year-old Hindu woman, now in an advanced stage of pregnancy in her second marriage, faces. The case is finally likely to be decided by a full bench of theBombay high court. In September 2014, the high court had granted a status quo in the case, two months after she had remarried following her divorce granted by a family court that April.

Last week, the HC set up a full bench to decide a legal conflict on the appeal period for Hindu couples. The three-judge bench will decide whether the Family Courts Act, which provides for a 30-day deadline, or the Hindu Marriage Act, which provides for a 90-day deadline, is applicable to divorcing Hindu couples.

The significance of the limitation provided by law is that once the appeal deadline ends, the divorced couple is free to remarry without the fear of challenge to the family court decree.

The full bench was finally set up 14 months after a division bench referred the controversy to a larger bench, in a similar dichotomy that arose in an appeal. The reason was that nine years ago, in April 2007, a bench of Justices J N Patel and Amjad Sayed had held that the Hindu Marriage Act, being a special law, would override the provisions of the Family Courts Act, and aggrieved husbands or wives could file appeals against a family court judgement within three months, not 30 days. The bench said the relaxation would apply only to Hindu marriages.

In December 2014, a ruling by another bench divorced itself from the earlier 2007 decision. In an appeal filed in 2013, a Hindu man relied on the 90-day period of limitation made available with the 2007 judgment, to argue that his challenge to a divorce decree, filed more than 30 days later, was valid. A bench of Justices Abhay Oka and A S Gadkari held that only the Family Courts Act—a consolidated law that governs divorce proceedings, including appeals—would have precedence, and appeals can be filed only within 30 days, not 90.

Since the issue is "very significant" as the appeal deadline could make or break the legality of a marriage even before the couple goes to war in a court, in 2014 the bench held that a larger bench must decide the law point.

Come April 2016, though, a Nashik woman found that her divorce order of April 2014 challenged by her former husband, had thrown into jeopardy the existence of her second marriage.

She had remarried 69 days after her divorce, which she had sought and got on grounds of cruelty and abuse. Her spouse, though, appealed in the high court after she remarried and said he was a good husband who does not want out.

Two weeks ago, the woman's counsel, Rui Rodrigues, told the high court that the appeal hearing must be stayed since a three-judge bench was yet to be appointed to give the final verdict on the legal conflict over the correct deadline. The woman had filed for divorce in 2011 after around three years of a "traumatic" marriage. Besides, the high court had granted a status quo on her second marriage after 144 days or almost five months of the divorce. Last Wednesday, when the matter came up again for hearing before a bench headed by Justice Oka, the bench deferred the hearing to June 30 and said that a full bench headed by Justice Naresh Patil has now been constituted.

The period of limitation for an application for setting aside of ex-parte decree is 30 days from the date of decree. This is in cases where the party that remained absent was duly served and contends that they could not appear because of some sufficient reason. If the reason the decree is sought to be set aside is that they were not duly served and had no knowledge of the proceedings during their currency, the limitation period of 30 days is to be reckoned from the date the concerned party first became aware of the ex-parte decree against them.

FYI, an application for setting aside an ex parte decree is filed under Order 9 Rule 13 of CPC before the very Court that granted the decree. It is not an appeal. The 30-day limitation period is contained in Article 123 of the Limitation Act.

Under order 9 rule 13 u may file an application for setting aside exparte decree against you wherein notice has not been served on you. However limitatiion for filing such application are 30 days but we can explain before honourable court that notice is unserved on you and bonafidely delay has taken place which is legal under the law. Peculiar to say here that presently your status is a divorcee. You may also take other course of remedy under the law under criminal procedure code and domestic violence act since taking exparte divorce decree fradulently will also be taken as cruelty.

Citation

Madan Mohan Sharma vs Smt. Shakuntala Sharma

Dear,

Ex husband of ex party divorced person can appeal after 90 days in only

1 condition. If he files application and give reasons of delay and after this

court is satisfied with this, court will allow him to file appeal.

This is my response to you:

1. If the appeal is beyond the period of limitation then it cannot be appealed;

2. But under circumstances you can file a 'Condonation of delay' application;

3. The limitation period can be waived off;

4. Therefore approach a local lawyer.

Yes he can order with the application of Con donation of delay application if the high court allow the delay application if the delay is properly explained and reasonable reason is given then same can be entertained,

Sure you can file appeal in appropriate court of law.

Regards

shettar

Can ex husband of ex party divorced person appeal to court against this order after 90 days?

Yes, he can very well apply but he may have to file another petition seeking to condone delay in filing the memorandum of appeal.

1. An ex parte decree can be set aside by the court if the judgment debtor (the person against whom decree is passed) files an application for setting it aside and proves that he was prevented by sufficient cause from appearing before the court earlier.

2. The limitation to challenge an ex parte decree is 30 days.

3. Appeal can also be filed to the High Court within 90 days.

4. After the expiry of 90 days the person who has obtained the ex parte decree is free to remarry.

You have many options.

1. Yes. You can file application under order 9 rule 13 for setting aside exparte decree with the same court.

2. You can appeal against exparte order.

Yes with an application for condonation of delay, he may file an appeal.

Regards