anuradha goyal (member) 18 November 2011
Though summons were signed by wife but she says I wasn't aware that these are summons for divorce petition.Even Adulteror was not made a party though his name appears in the petition. Can expartee be set aside on this ground that adulteror was not made the party and it is a mandatory provision for taking divorce on grounds of adultery
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 November 2011
Hmmmm,
The ground that summon was served will always go against you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Legal Fighter (Advocate) 19 November 2011
there is no requirement of adulteror being made a party in HMA. also if the wife has signed the summons, she would have to show sufficient ground for not appearing and getting the ex-parte decree set aside.
V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 19 November 2011
I AGREE with LEGAL FIGHTER & Mr. Kapoor.
One can't take ground of "I wasn't aware that these are summons for divorce petition" other acceptable ground may help u.
Adv. Shroff
adv.shroff@yahoo.in
Dr J C Vashista (Advocate) 19 November 2011
The ex-parte decree after service of summons, i.e. after signing summons, shall/cannot be set aside.
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