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D V K KUMAR   21 April 2018

procedure u/s Order 9 Rule 13 cpc cases

Dear Experts, kindly provide me complet law procedure involved in a case filed by husband U/s Order
9 Rule 13 CPC to set aside expartae decree of divorce granted to wife by family judge, Indore.
Even after paper publication, wife did not appeared in family court & on that same day family judge proceeded ex-partae against the wife and fixed next date for husbands argument.
My questions are as follows:
1. whether husband have to filed his statement on oath along with exhibit the evidence document or simply argue over the matter?
with regards,
DVK


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 2 Replies

Vijay Raj Mahajan (Advocate)     22 April 2018

Yes the husband need to file his affidavit to the statementon oath for his divorce case as well all documents he desires to be relied for the case. The Family Court will go through his statement and relied documents along with his petition while deciding his divorce case.

D V K KUMAR   22 April 2018

Thanks Vijay Sir, for your expert advice. please clear whether in aforesaid case filed u/s Order 9 Rule 13 CPC, which is now proceeded Ex-partae against wife, court fixed date for arguments not for evidence. My questions is that whether husband have to directly argue or should lead evidence on oath with exhibit documents.
With Warm Regards.
DVK.

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