Wife can file application to set aside ex parte divorce in same court with in 30 days or appeal in HC within 90 days.

Once divorce decree is passed by family court appeal can be filed in HC against decree within period of 90 days 

it cannot be challenged by both the parties in family court 

- Yes, your wife can challenge the one sided decree in the same court within a period of 30 days from the date of final decree /judgement.

- After moving an application under section Order 9, Rule 13, in the same court, she can continue the divorce proceeding . 

- If, the said court will not find any reason of non-appearance before the court, then that application will be dismissed.

- Further, she can also challenge the said dismissal order before the High court. 

It depends whether it's challenged by appeal or review. Appeal lies in High Court, while a petition to review is to be filed before the same court which passed the decree to be challenged

Yes if it's a ex parte decree it can be set aside by the same court if any application is preferred by the opponent

A divorce decree can only be challenged in a high court.

1. The said decree can not be challenged before theb same Court which has passed it.

2. It can be challenged before the Appellate Court including the High Court. 

If it is understood rightly then it should be an exparte divorce granted to you in her absence.

She can very well file a petition to set aside the exparte divorce under the provisions of Order IX Rule 13 CPC  in the same court as per provisions of law.

If it is a contested divorce then she should have approached high court with an appeal against this decision.

Yes, you can ask in the same court its called as review under section 114 read with order 47 of the CPC for reconsider or revised the decree passed by court.

Yes wife can file an application for setting aside the ex-parte decree and restoring the case. Ex-parte decree can be restored before the same court also. 

Hello,

The matter has been decided ex parte and to set aside they have 30 days.

Yes they can move high court once the family court reject the prayer for set aside .

Regards

You may file a review in the same court to review the ex-party divorce to provide the opportunity to here you and to put your evidences in the case.

1. It was an ex parte decree in your favour.

2. Application for setting aside ex parte decree has to be filed in the same court.

3. Alternatively the ex parte decree can be challenged in the higher court also.

After Ex-parte decree of divorce is granted by family court then Only way left to challenge the order is to file appeal in High court. 

She can move an application for setting aside ex parte divorce decree before the same court..

Dear Sir,

The said order can be challenged by the wife by filing an application under Order 9 Rule 13 CPC for setting aside the ex-parte decree which was rejected by the family court. Aggrieved  wife can file the appeal in HIgh Court

It can be reopened. The other party can file a petition to set aside the exparte order. 

A divorce case which was decreed ex parte can be reopened by the missing party as long as the case is reopened within one year of the original decision but many judges show allowances for longer delays as long as 3 years sometimes

A divorce case which was decreed with both parties present and both consents recorded can be reopened if rehearing is requested within 30 days of original decision.However very strong grounds must be made for reopening for instance party was not of stable mind or fake party or one party was ill educated so taken advantage of etc….

If the rehearing is turned down, petition may be made to high court but that only sets aside the original decision and not a rehearing.

Exparte decree can be set aside by the same court by filing a petition with affidavit under Order XIII rule 9 CPC within one month from the date of decree.

It is not necessary to approach high court for setting aside the exparte decree. 

it has to be challenged within 90 days 

if there is delay then you can make application for con donation of delay 

90 days.

Limitation. The appeal before the high court from any decree or judgment passed by the subordinate court shall be made within 90 days from the date of the decree or the order but if the appeal is filed within 30 days before the high court which has passed the decree or the judgment.

It can be challanged in 90 days before the high court or before the same court which passed the exparte order.

It can be challenged within 90 days from the date of receipt of the impugned order.

Yes it can be. It can also be set aside in same court 

Dear Sir,

Limitation period for filing an application for setting aside an ex parte decree is 30 days from the date of knowledge of the decree.

1. If there's no appeal pending or  any petition for settling aside  the exparte judgment is pending as on the date of marriage,  then the marriage solemnized can be legally valid. 

2. From  the date of copy application to the date of copies mad ready. 

Limitation starts from date of decree.On 91th day, your marriage will be valid.

2 3 days lease granted for applying certified. 

1) it can be challenged in court .

2) period for obtaining certified copy is excluded 

3) time taken by court in giving certified copy would be excluded 

she can file condonation of delay but chances are bleak.

1. See for you the date of decree is important to calculate the period, For con donation of delay that period is waived off. 

If your wife does not challenge the exparte decree within stipulated time, no hiccups with your second marriage.  

Even after expiry of mandatory period, she can file application to condone delay if any along with appeal.

Yes it can be challenged so it's better to marry with some gap after getting assured there is no appeal and stay

Dear Sir,

Hindus can remarry 90 days after divorce: Bombay HC

A bench of the Bombay high court on Friday resolved a conflict in the provisions of the Hindu Marriage Act, 1955 and the Family Courts Act, 1984, that dealt with time periods for filing appeals against such decrees.

A Hindu can marry again after 90 days of the decree dissolving his or her marriage, if no appeal has been made against the decree, the high court said on Friday.

A bench of the Bombay high court on Friday resolved a conflict in the provisions of the Hindu Marriage Act, 1955 and the Family Courts Act, 1984, that dealt with time periods for filing appeals against such decrees. The bench comprising Justice Naresh Patil, Justice RD Dhanuka and Justice Sadhana Jadhav held that the appeal period would be 90 days — as charted in the 1955 Act.

“While discussing the provisions of the two enactments, it needs to be considered that we are a country with a vast population and millions face financial hardships to litigate a matter. People spend a considerable amount of time, money and energy,” said the bench while leaning in favour of a longer appeal period.

The conflict had arisen as the Hindu Marriage Act, 1955, provides a 90-day period for preferring an appeal, the Family Courts Act provides 30 days after issuance of the decree, and therefore, a reference had been made to the full bench.

In January this year, a division bench of Justice Abhay Oka and Justice Ajay Gadkari had referred to the acts after refusing to accept another division bench’s view that was made in April 2007 where they said that the provisions of the Hindu Marriage Act, 1955, will prevail over the provisions of the Family Courts Act, 1984 as regards the appeal period.

The period of limitation for preferring an appeal assumes importance in the context of Section 15 of the Hindu Marriage Act, 1955 which says that when a marriage has been dissolved by a decree of divorce, it becomes lawful for either parties to marry again, provided the period of limitation for filing an appeal is over and no appeal is preferred against the decree within the prescribed period.

The issue had cropped up in an appeal filed by a Thane resident challenging the decree of divorce issued by the family court in Thane on a petition filed by his estranged wife. The decree was issued on April 22, 2013 and the husband filed the appeal in the high court on July 3, 2013. The woman remarried six days later – within the 90 days from the date of issuance of the decree.

Apart from challenging the decree issued by the Thane court, the husband had also raised objections to the validity of the woman’s second marriage. The wife’s advocate, Nitin Dalvi, had opposed the contention and pointed out the April 2007 decision of another bench of the high court holding that the period of limitation for filing an appeal would be 90 days, as provided under the Hindu Marriage Act, 1955.

Justice Oka and Justice Gadkari, had however, refused to accept the view. “As an appeal is the creation of a statute, the same will be governed by the period of limitation provided in the statute which creates the appeal,” the bench had said, referring to the fact that the family court appeal was an extension of the Family Courts Act, 1984, and therefore he appeal period would be 30 days, as provided in it.

The bench of Justice Oka and Justice Gadkari, had however, refused to accept the view. “As an appeal is creation of a statute, the same will be governed by the period of limitation provided in the statute which creates the appeal,” the bench had said, referring to the fact that the family court appeal was a creation of the Family Courts Act, 1984, and therefore appeal period would be 30 days, as provided in it.