20 May 2017
The divorce petition had reached ex-parte stage in the trial court, but stayed and transferred to a nearest court of the serving wife. The case is in enquiry stage to decide on the "ex-parte" (set by the previous court) now. 1. Could a questionnaire be issued under Order11/Rule1 of CPC to reason her perpetual absence in the previous court (where it had reached ex-parte stage) ? 2. Cud she be asked to produce authenticated copies of her attendance register and service records ? Can a copy be asked by the petitioner husband ?? 3. Any model pls ?
21 May 2017
At first , I thank all the veterans above for being kind enough to answer my question. And I ask forgiveness for posting it in both of the Matrimonial and Civil domain, since it was not clear to me whether it is purely matrimonial or civil one. Forgive me sirs.
Anyway, I have a question to Dr JCV. Dear sir, 1. A divorce petition of a defendant wife(serving and educated) , which was duly represented by a qualified adv, which was related to her dignified way of living in the society, that left un represented by her & her adv till it reaches a stage of ex-party, and claims later in another court that she was present in certain dates is the extended version of the circumstances. 2. Now the present trial court has to decide whether the stage of ex-parte is correct place to start with. 3. In this stage of 'enquiry', it is important for the court to understand whether the defendant wife had been present there in the previous court in those dates as claimed by her in her affidavit(In her IA against ex-parte, submitted in the previous court). 4. I do not understand, without support of evidences for her claims of being present there in the previous court, how will the present 'enquiry' be cleared by this present court .
5. And if the respondent wife does not want to substantiate her claims of being present there in the previous court, then her "indifference" to her marital litigation and thereby on her marital life is exposed , I believe Sir.
21 May 2017
Dear Mr. Raja, You will appreciate that any Court of law (universally) has to hear both the parties before pronouncement of any judgment.
In your case if respondent/wife and her counsel did not appear and attend the proceedings of the Court (before transfer) it is mentioned in order sheet(s) and transferee (present) Court shall go through the proceedings. If it has been ignored, attention of the Court can be drawn.
However, on being transferred the Court has to issue Court Notice to the respondent/ wife to appear and attend the proceedings, it is within the jurisdiction of the transferee Court. Besides this, the transferee Court has to provide an opportunity to the respondent/wife to submit her written statement/reply/ counter affidavit de-novo (where it stopped last).
If the respondent/wife fails to submit her WS/Reply/CA within stipulated time (as granted afresh) the Court shall struck off her defence to proceed. However, ex-parte order of transferor (previous) Court shall be ignored/stand nullified and "inquiry" shall re-commence in present Court.
22 May 2017
Thank you very much for your valuable elaborations Dr J.C.Vashista !!!
In my case, the defendant wife is kept on elongating the process in the present court, without filing any WS. (Except her petition of restitution of c.rights, that filed just one day before her filing a petition for a stay&transfer in the High Court)
And the present court is not telling them to file the same. For the last two years, it is kept in dead speed and the court is giving a min of two to three months for every next hearing.
Anyway sir, may I submit my heartiest thanks to you and all !