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Dear, The time limit to set aside the exparte divorce decree by the same court which passed the decree is 30 days and if you are going for an appeal, then it is 90 days to file an appeal against the decree. You can still appeal in the high court against the decree by filing condone delay petition along with the appeal.
The translation of the Latin, Ex parte, is without the other party. In ex parte divorce proceedings, only one party is present, and it occurs in a jurisdiction where only one spouse lives.
Order 9 Rule 13 states that while setting aside ex-parte decree, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons were not duly served, or that he was prevented by any sufficient means from appearing when the suit was called
Ex-parte Order in Divorce petition: If any of the two parties or their respective lawyers fails to appear in all the proceedings, then the court will pass the notice regarding ex-parte proceedings but if the party or the lawyer doesna20ac2122t appear in the said proceeding, then ex-parte decree is passed.Appeal process.
Exparte Divorce can be called off and one can put an application for a chance of justification in Court. The absent party can justify a valid reason for not attending the date. In that case, Court may call off the Exparte decree of divorce and case can be revived.