Yes, an ex-parte divorce decree passed in Bengaluru can be set aside even after several years, though the longer the delay, the more compelling your justification for that delay needs to be, since courts require both a valid ground for setting aside the decree and a reasonable explanation for why you did not act sooner.

An ex-parte decree is passed when one spouse fails to appear or contest the proceedings, often because they were unaware of the case, did not receive proper notice, or were unable to participate due to circumstances beyond their control. Under Order IX Rule 13 of the Code of Civil Procedure, the affected party can apply to set aside such a decree by demonstrating either that summons were not duly served, or that they were prevented by sufficient cause from appearing when the case was called for hearing. Family courts in Bengaluru apply this provision to matrimonial decrees just as they would to any other civil judgment.

The typical limitation period for filing such an application is thirty days from the date of knowledge of the decree, but courts have discretion under Section 5 of the Limitation Act, 1963, to condone delay if sufficient cause is shown, even if that delay stretches into years. Genuine reasons that Bengaluru courts have accepted in such matters include fraudulent suppression of the correct address to prevent proper service of summons, the affected spouse living abroad and being genuinely unaware of the proceedings, or serious illness or incapacitation that prevented timely legal action.

It is important to understand that setting aside an ex-parte decree does not automatically mean the divorce is reversed forever — it simply reopens the matter for a fresh, fully contested hearing where both parties can present their case. If the decree is set aside after several years, this can also have significant downstream implications, particularly if either party has remarried or made major life decisions relying on the decree's finality, so courts weigh these consequences carefully before granting such relief.

Given the legal complexity and the heavy burden of proving sufficient cause after a long delay, this is not something to attempt without experienced representation. The team at Aapka Legal Advice has handled several matters involving old ex-parte decrees and can realistically assess whether your case has strong enough grounds to succeed. Its Bengaluru divorce lawyers, working alongside a panel of retired judges available for consultation, can help you build the delay-condonation argument that such applications typically require.

In summary, yes, an ex-parte divorce decree in Bengaluru can be set aside even after years, but success depends heavily on proving both improper service or sufficient cause, and a credible explanation for the delay in approaching the court.