• Ex parte divorce

I have applied divorce on Aug 8th,2015 and my husband is absent for continuous hearings so I have received order on 16th July 2016 and got exparte divorce on 8th August 2016. My question is ,My ex husband is able to open the case again and can i remarry after 90days?
Asked 4 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) if your husband is aggrieved by exparte order of divorce he can move court to set aside exparte divorce 

2) n application under Order IX Rule 13, CPC for setting aside ex parts decree can be filed by the respondent. Family Court may allow  the application and set aside the decree for divorce

3) in the alternative husband can file appeal against exparte decree 

4) if appeal or application for setting aside exparte decree is pending you cannot remarry during the pendency of proceedings

5) you can remarry after 90 days if no appeal is filed or application made 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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After 90 days of this order if you want to marry then go ahead the law will be with you, if he filed any application before the court for set aside the ex-party divorce then you have to wait till the final disposal of the case and after getting contested divorce you may solemnized second marriage/remarry.

if the court dismiss his application on merit after given an opportunity to you for hearing then you may solemnized the marriage after expiry of appeal period.

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Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
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the application for setting aside the ex parte decree, if at all one could be filed, only could be filed within 30 days 


2) husband can make application for condonation of delay 

3) sufficient cause has to be shown for delay in moving court  by husband 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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This is an exparte divorce granted in your favor due to the absence of our husband in the divorce proceedings. 

Thus to set aside the decree he can file a petition under order 9 rule 13 CPC within 30 days of the orders passed agaisnt him.

After that period he has to attach an application under section 5 of limitation act to condone the delay in filing the set aside petition.

However if he has not filed any petition within 90 days of the passing of the exparte decree, you may go ahead with your proposal for re-marriage. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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Your husband can file for setting aside of the ex parte decree by showing that he was prevented from appearing in the court by a sufficient cause. You are free to remarry after 90 days unless he applies for setting aside before that. 
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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is he able to open the case after received the exparte order of 90days? 
Can you able to share the exparte order format



He has to file a petition under order IX Rule 13 CPC for setting aside the exparte decree within 30 days from the date of passing of the orders. 

If he is filing any petition after that then he has to file another petition under section of limitation act to condone delay in filing this petition. 

Setting aside of the exparte decree shall be based on his valid and genuine reasons to convince court the reasons for his lapse.

You can wait upto 90  days which is the limit for preferring an appeal against this exparte order before the high court after which you can proceed with your proposal for remarrying the person of your choice. 


You have exparte decree with you, that is the format, do you mean to say exparte setting aside petition format?

You can come to know about it when he files a petition seeking to set aside the decree. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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1. You can remarry after 90 days of passing the decree of ex-parte divorce i.e. after the completion of the limitation period for preferring an appeal against the said decree,

2. If there is an order upon you to service the said decree to your husband, then make sure to comply with the said order.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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He will not be able to prefer an appeal against the said decree of divorce passed by the lower court to an appeal court after the limitation period being 90 days from the date of the decree.
Krishna Kishore Ganguly
Advocate, Kolkata
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226 Consultations
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