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Exparte orders in dv case...

(Querist) 19 April 2014 This query is : Resolved 
RESPECTED MEMBERS...
i filed DV on my husband 2 months ago.2 hearings passed but my husband or any of relative ,lawyer didnt came on any hearing.on first hearing judge said she will not send summons again.on second hearing she passed exparte orders in favor of me...
my husband is govt employ
ques 1.--why he not attend the hearing?summons are served i gave address of his office also....
ques 2. will judge pass orders to me of residence in his house? which is on his mothers name?
ques 3. what should be my next step now..???
very thankfull to u....
Devajyoti Barman (Expert) 19 April 2014
1. yOU MUST HAVE FAILED TO PROVE SERVICE OF SUMMONS. MERE sending of summons is not sufficient. You have to establish that it was served on him and then only the court can go for ex parte hearing if husband fails to appear.
2. No.
3. Follow my reply no.1.
Rajendra K Goyal (Expert) 20 April 2014
Depends on the relief claimed and the ex-party orders passed.

For next steps you can proceed with as per ex- party orders passed against your husband.
Arvind Singh Chauhan (Expert) 20 April 2014
Residential ooder can be passed only against husband . If he resides at mother's house, court can pass such order. But if he leave this house then court can't pass such order against mother,'s house.
ajay sethi (Expert) 20 April 2014
you have already got exparte orders in your favour as your husband did not attend hearing . your husband must not have taken the issue seriously hence did not appear in court .

if house belongs to mother only and son does not have any right on said house no residence order would be passed . you can seek alternative accommodation from your husband under DV act
Surender Kumar Sharma (Expert) 21 April 2014
If the summons are property served and SR back after service then court can go for ex-parte hearing and order, which you might have got the same so don't bother about non presence of your husband in the court , he has not attended for many cause it s known to him only but service of summon is imp. whether it is server or not, second forget about the house and residence of him mother, can claim separate house on different other provision, you have no right over that property as the same was self acquired property of his mother, third is you have not to do any thing simply comply legal requirements of your lawyer and he and court will take it own course.
T. Kalaiselvan, Advocate (Expert) 21 April 2014
You have stated that the court has passed exparte judgment in your favor. It means the court in its order will provide the relief sought for by you in the petition. Please see the orders, consult your lawyer and proceed further as per his advise.
house wife... (Querist) 22 April 2014
thank u very much all learnd members
yes judge passed exparte orders against my husband and in my favour..next date is 7 of may ....
thanks for ur advice......
Devajyoti Barman (Expert) 22 April 2014
welcome.....
ajay sethi (Expert) 22 April 2014
thanks for your appreciation


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