How to quash the ex parte order?
My husband’s secretary filed for divorce during the lockdown and subsequently obtained an ex parte order in his favor. Shockingly, I later discovered that he remarried another woman, and this revelation came a year and a half later, as I had been living in a different city for work. I never received any summons or notice regarding the divorce proceedings. I am utterly devastated and confused, especially since the appeal period was only 90 days. Now, I am considering several options: Should I file a petition to quash the ex parte order? If I win, who will be considered the legal wife—me or the other woman? What are the conditions under which I might lose, and if I do lose, what should my next steps be? I also want to express that I do not want a divorce; I simply want to be with my husband. Is there any possibility for that to happen?
In your case, you should file a petition for quashing the ex parte order of divorce on the ground that you were not given notice of the proceedings. Should you succeed, you are formally recognized as the legitimate wife, considering the subsequent marriage may be voided. Failure conditions include failing to prove no notice was given or failing to comply with appeal filing deadlines. In case you lose, consider divorce or legal separation if you want to put an end to the marriage. In order to reconcile, express your preference to your husband and consider seeking counseling advice; however, it is essential to be prepared for his response.
In accordance with Order IX Rule 13 of the CPC, you must submit an application. You must give a detailed explanation of your absence from the proceedings, including any valid excuses such not getting notice. Provide the proof you need to back up your claims. The application must be submitted with an affidavit. Request a stay order with the application to stop the ex parte order from being enforced until the court decides to set it aside if it is likely to cause irreversible harm. Your application will be heard by the court, and you could have to make the case that the order should be overturned and demonstrate that your absence was unintentional.
Ma’am, you can file a petition to quash the ex parte order if you have valid ground to do so and if the order is the order is quashed you may need to establish your legal standing in the marriage. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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