How to protest against divorce decree in absentia

How to protest against divorce decree in absentia : Under certain circumstances, a husband or wife may initiate a divorce. As a result, the defendant in a divorce case can be the husband or wife. That if they are unable to appear at the Divorce Court hearing for any reason, they may refuse to issue a decree of divorce in their absence by preparing and serving a bill of defence. This is because the defendant failed to appear in the divorce case and instead of rendering judgment in person, the court issued a decree of divorce in absentia. In this article, we examine the objection to the decree of divorce in absentia.
When reviewing the discussion of objections to a divorce in absentia decree, you should know that divorce is one of the family cases that many cases are reviewed in judicial authorities. A divorce decree is issued once all the processes and steps associated with divorce have been completed. In other words, in this case, the court issued a decision to determine the assignment of the case. In the meantime, however, considering that it is not permissible for the legislator to close the court due to the absence of the parties, he considers ways and means of contesting the decree of divorce in absentia. To avoid prejudice to the rights of absent parties. These methods of protest have special procedures, time limits and rules.

Absent divorce decree

In order to examine the objection to a decree of divorce in absentia and enter into the discussion, we need to know what this decree is. The issuance of a divorce decree in absentia means that one of the spouses was not present in court, or his lawyer did not defend his client in court, and besides, the written bill of defense was not served on the court handling the divorce case. Divorce judgments, like judgments in other legal cases, can be issued in the following two ways:

Individually
Absence

You should know that when one of the spouses files for divorce and Article 303 of the Code of Civil Procedure comes into effect, the court issues a decree of divorce in absentia. It also raises the issue of protesting against divorce decrees in absentia Below we refer to the provisions of Article 303 of the Code of Civil Procedure. Article 303 of the Code of Civil Procedure states that the judgment of the court is personal. If the defendant, or his attorney or legal representative, fails to attend a session of the court. Do not defend yourself in writing either. or the notice is not actually delivered to him.

Objection to decree of divorce in absentia

You must know that protesting the judgment is a given. Objections are made when we believe that rights have not been satisfied in the proceedings. In any case of divorce, if the decree of divorce is issued in absentia, there is a possibility of contesting the decree of divorce in absentia and the defendant in the case may object to the trial court’s ruling through one of the legal methods. Below we point out what types of actions for this protest. Stay with us.

Terms of protest of divorce order in absentia

In order for an objection to an absentee divorce decree to materialize, a divorce must be granted in absentia. As a result, the terms of judgment in absentia should be stated for this protest. These conditions are:

Absence of the defendant, his attorney or legal representative: This is the basic condition for issuing a court judgment in absentia in a divorce case. That neither the defendant nor his attorneys or legal representatives are physically present at any divorce proceedings. Divorce is by request of the husband, wife, or in some cases by agreement.
Lack of written defense in court: Another condition for issuing a decree of divorce in absentia is lack of written defense in court. The defense is made in writing to the court in the form of a bill of defense being prepared and dispatched. In a divorce case, sending a bill of defense to the court is one of the methods of issuing a decree of divorce in private. If the defendant or his counsel or his representative is unable to participate in the proceedings for a number of reasons. You can send a written defense to the divorce.
Failure to issue notification in factual form: Notice of the couple’s attendance at the hearing is not issued to the defendant in actual form. According to the law, a judgment of divorce is issued in absentia.

Procedure for protesting a decree of divorce in absentia

The usual method of contesting a decree of divorce in absentia is to appeal like other decrees in absentia through which the defendant may be husband or wife. Consequently, objections should be made to the judgment of divorce being absent. However, in addition to mediation, it is possible to protest against the divorce decree in the form of appeals, appeals, and retrials. Each of these methods is as follows:

Types of procedures for protesting a divorce decree in absentia

Appeal: Appeal is one of the methods of protesting a judgment of absence. Of course, appeals are not only reserved for protests against divorce decrees, there is also the possibility of appeals against all legal judgments issued in absentia.
Appeal: Another way to protest a divorce decree is to appeal. The most common method of contesting the judgment of a judicial authority is an appeal, and is also effective in divorce cases. Unlike petitions, which are only for the defendant. Absent a divorce decree for both parties to the dispute there is a possibility of appeal. Appeals: Among the other ways of protesting a divorce decree, we can mention appeals. Like an appeal, an appeal is likely to be made for the plaintiff and the defendant. that after the court passed a decree of divorce in absentia, the parties would have the possibility of appealing in this regard. The parties to a dispute concerning an absent divorce decree may appeal if they have not waived their right to appeal. On appeal, as in the other method of contesting a decree of divorce in absentia, the case is re-examined by the judicial authority.
Resumption of proceedings: Resumption of proceedings is another procedure though different and in its absence there are special conditions for protesting against the divorce order. Both the plaintiff and the defendant may recommence the proceedings. If the said procedures are not done within the legal time limit, it is possible to benefit from this procedure as a decree of divorce in absentia.

Procedure for protesting an order of divorce in absentia

Each action of the judicial authority has steps. The procedures for contesting a decree of divorce in absentia are as follows:

The first stage of the divorce decree protest process requires the respondent to create a SANA system user account.
Then, in the second stage of the process of protesting the divorce order, the person must prepare their bill and protest application.
Once saved in Word or PDF file and transferred to flash memory, CD or mobile phone memory, he/she should go to one of the electronic judicial services offices with his/her identity documents and proof in hand.
Register your protest and send it to the competent authority.
At the last stage of the process of protesting the divorce order, the person must pay the legal fees and fees associated with the registration of the protest petition by the Offices of Judicial Services.

Documents required for protesting an order of divorce in absentia

The documents required to protest a divorce in absentia order include the following that you should consider:

Information about registration in the SANA system.
Originals and copies of absent divorce decrees issued from each of the preliminary and appellate stages.
Documents relating to the evidence of the case and the identity documents of the defendant

Time limit for protesting divorce decree in absence.
How long can you file an appeal against a decree of divorce in absentia? This period is as follows:

Absent a divorce decision, the period of time to protest, for people residing within Iran, is twenty days
The deadline for protests for people outside the country is approximately two months from the date of this decision

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