Bus got struck in traffic jam
Sudhakar
(Querist) 30 May 2014
This query is : Resolved
My wife gave her reason in her Set Aside Petition as " Bus Got Struck in Traffic Jam ". This is the reason she stated for her absence on exparte date. She submitted in time.
Now my questions in mind are:
Bus got struck in traffic jam is an invitable reason, then what does exparte value stands for?
Reason for her absence ON exparte date if found quite ok for court. But what are the reasons for her absence prior before 6 times in a row prior though after intimation from court, why do court not consider her prior before absents.
Respected Experts, I would like to move to high court on this reason Bus got stuck in traffic jam
What I really want does exparte has got any value on its stance in front of this set aside reasons...
Please suggest me...
Raj Kumar Makkad
(Expert) 30 May 2014
Law is very liberal on this aspect. Even if shall be good for you if your petition is decided on merit rather on ex-parte basis. If court has condoned her absence and has thus set-aside the ex-parte proceeding, you need to take part in the proceeding rather moving to hig court.
Dr J C Vashista
(Expert) 31 May 2014
How you are prejudiced by condonation of her delay and revocation of exparte, rather it is better for you as well, if the Court think so.
I fully agree with the expert opinion of Sh. Raj Kumar Makkad.
Sudhakar
(Querist) 31 May 2014
Respected sir,
I believe that I was prejudiced because my reasons are:
She herself left the matrimonial home without any reason within 15 days from the marriage date.
She herself declared in front of Hon'ble Judge and Presiding officer that marriage is not consummated andat the same time she refused to join matrimonial life at the time of reconciliation.
Now please guide me are my statements above comes under prejudiced
Please guide me
Sudhir Kumar, Advocate
(Expert) 31 May 2014
what do you want
if someone could not attend court due to transport failure then shall the doors be closed for her for all times to come.
prabhakar singh
(Expert) 31 May 2014
The spirit of justice to afford hearing to both the sides before delivery of any order or judgement hence any exparte order can be set aside and reason shown by your wife is adequate unless you have proof to falsify that.
malipeddi jaggarao
(Expert) 31 May 2014
Mr.Sudhakar, once the marriage was not sailing smooth, it is not in the hands of the parties as regards time for decision especially the law is liberal and it gives all possible opportunities to the woman to prove her stance. Hence instead of becoming agitative, you have maintain your coolness and wait for the decision. These are the delaying tactics adapted by the advocates of the woman in divorce cases. You have to go through all these ordeals once the marriage landed into problems. I fully agree with the advice of experts.
ajay sethi
(Expert) 31 May 2014
court will set aside exparte decree on payment of costs . courts adopt a liberal approach so that order can be passed after hearing parties on merits
Rajendra K Goyal
(Expert) 31 May 2014
Court adopts liberal atitude and may set aside ex-party proceedings, agree with the experts.
Guest
(Expert) 31 May 2014
Well advised.
T. Kalaiselvan, Advocate 
(Expert) 01 June 2014
@Sudhakar, You should take her this stunt in your stride and should include in your argument quoting her dramas staged in the court despite being sufficient chances to prove her mettle. Actually such things are advantageous to you, so grab the opportunity. Do not object to her setting aside petition, let she come inside and challenge your case because as per you, she has reportedly admitted the averment namely non-consummation of marriage, deserting her matrimonial house on her own or not willing to rejoin the matrimonial fold. Don't be frustrated on such petty issues, you got to travel a long distance more.
Sudhakar
(Querist) 02 June 2014
Thank you to all experts whom have answered me... I am very very thankful to you all
