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How long does an ex parte divorce take in India?

How long does an ex parte divorce take in India?

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.

What happens after ex parte divorce?

If the party gets remarried after exparte decree of Divorce, & then the opposite party gets the order to stop the second marriage from appropriate Court, in that case the second marriage will be considered as valid.

Is exparte divorce valid in India?

“The said decree is not recognised in India, and as such, the petitioner is not entitled to any relief,” the counsel said. The court cited a Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognised by Indian law.

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How long does a divorce take if one party doesn’t agree in India?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

Can I remarry after ex parte?

your wife can challenge the ex-parte decree by filing Misc. petition, she can only succeed if she prove that there was sufficient cause or reason to abstaining from the Court proceedings. you can re-marry after 6 months of the decree of Divorce.

What is Exparte evidence?

Ex-parte simply means “for one party” Exparte pfoceedings means the legal proceedings conducted by the court for one party when the other party fails to appear before the court or give its say.

Can ex parte divorce be challenged?

You can file a petition to set aside the exparte order. If you had any serious objection for divorce you would have contested the case rather than keep silent.So your husband got the decree in favour of him.

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How long does it take to get a divorce in India?

Dissolution of marriage in India may take time period of 6 months to endless years depending on nature of divorce case. Divorce by mutual consent filled both parties get the result in 6 months even less in exceptional cases with the permission of the court.

How to get an ex-parte divorce in India?

The ex-parte divorce in India takes the time which is required to follow the complete procedure by the Family Court, like sending the court summon to opposite party/respondent, wait for the reply if any being filled or the service done for the notice/summon of the court sent to the opposite party/respondent.

How long does it take to get a contested divorce?

A contested divorce may take time about one year…or more actually if courts have so many pending cases then it will take more time to finalize the case….but you should take patience…….and you also applies for maintainance pendilite. If you go for a contested divorce then it will take years.

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How long does it take to get a divorce in West Bengal?

If it is filed by you under Section 13 in that event it is long drawn proceeding.Sometime it takes 5 to 8 years to get a Decree of Divorce in West Bengal.But if you file the Mutual Divorce Suit under Section 13B by both you and your husband in that it will be decided after six month from the date of filing of mutual divorce suit under Section 13B.