The time frame to make appeal in the upper or high court was 90 days from date of order. Now court will not accept your request or appeal.

Appeal is barred by limitation 

appeal should have been filed within period of 3 months 

Hello,

1. As the divorce has been ordered ex-parte 3 years back, it cannot be disturbed now. An order of such nature happens only upon confirmation that the Respondent had notice of the  case filed and chose not to represent herself in court.
2. As the remedy you are seeking is the same, 'divorce' such a plea cannot stand even in the writ jurisdiction of High Court.

1. Did the lady had received all the notices/summons during the divorce hearing from the Sub Court?. Or did the lady had acknowledged all the notices/summons and did not attend the hearings?. 

2. If the lady had indeed received and acknowledged all the summons/notices to appear in the Sub Court for hearing and if she had absented for hearing intentionally and that may be the reason for the grant of Ex-parte divorce. In this case, there can be no appeal for setting aside the Ex-parte divorce decree because enough opportunity was provided to her to defend her stand.

3.  However, if the lady has not acknowledged all the notices/summons issued to her, then she can, within 3 years, contest the Ex-parte divorce decree, as she was not provided an opportunity to put forth her stand in the matter. In this case she can appeal for setting aside the Ex-parte divorce decree in the Sub Court within 3 years. If more than 3 years has elapsed, she can request for condonation of delay.

What is the reason for appeal?

Jave you been served notice earlier?

Regards 

G.Rajaganapathy

High Court of Madras

See in the case already divorce is granted an appeal for grant of divorce cannot be made, petition Challenging the ex-parte divorce can be filed in case the petition is allowed and ex-parte divorce order is set aside a fresh petition for divorce mutual or by the wife can be filed. 

No, the limitation period is over and I don't think that the judge can condone the delay.

- As per the Limitation Act, the limitation period for setting aside an ex-parte decree is 30 days from the date of decree.

- But , she can move an application to set -aside i.e. for her appearance in the case filed by the husband on the ground of date of knowledge , i.e. she came to know regarding ex-parte a few days before only. 

In my opinion, file an application for setting aside the exparte divorce in the court with the help of local lawyer.  In case, your husband is agree for mutual divorce, he would not object for setting aside the exparte order.  Once the exparte order is set aside, file the petition for mutual divorce and in terms and conditions of mutual consent, it may be agreed by your husband that before passing second motion, he would withdraw his divorce case from the court.  In this way, you would obtain a decree for divorce with mutual consent.

What is the need of appeal when already ex parte divorce granted by court. Divorce decree has attained finality.

Lady is divorcee and now can remarry. Just obtain certified copy of order from court.

An application for setting aside the ex parte divorce alongwith an application for condoning delay in filing the first application has to be made before the Court which passed the ex-parte divorce

The answer is yes but you will have to explain day to day delay  for the last 3 years to file appeal and cause for prevention of filing appeal within 30 days from the date of passing of ex-party decree by the court. 

Yes file an appeal before the higher court.

Hello!

It's too late already and the appeal is barred by limitation. However, the lady can get it set aside if she proves that the ex-parte decree was passed after playing a fraud on the court and that she was never aware about it. 

No, appeal cannot be done after 3 years.

Dear Sir/Madam,

It is suggested that  the appeal can be filed in the high court. 

She has the right to get the exparte divorce  divorce set aside.

She has to file a delay condone petition  explaining the reasons for the delay in approaching the court for this purpose, if the court is satisfied then it may take up  the main petition allowing the petition to condone the delay.

The ex parte divorce decree is 3 years old. That is a very long time. Anyways file an appeal against such a decree in the high court and explain the resons for the delay.

Yes, in case she was unaware of these facts all this while; and has come to know of this ex-parte divorce only recently 

As stated, three years have elapsed from the date of the ex parte order for divorce. The legal recourse to appeal is barred by limitation now.

1. Yes but only if you doesn't have knowledge of that Ex-parte divorce otherwise appeal is not maintenable after 3 years. 

2. You must go for appeal with fact that it will get dismissed due to limitation act.

aggrieved party can challenge divorce orders given by family courts within 90 days. 

But if you require divorce only why need to again file fresh divorce when exparte divorce us already there