Ex parte husband not attend court

This query is : Resolved 

Online (Querist)
15 February 2019

Dear Experts,
As my earlier query I brief some points, like affidavit mtade as on 4th Jan 2019, Judge Waited for evidence , evidence present as on 16th of Jan Judge gave today's date for evidence... but judge told that neither respondents lawyer nor respondent both are not present in court since last 2 to 3 months, hence judge told that we will take this matter on next week and we can take oral evidence (jubani)... and passed stay order on respondent.

judge told that after jubani will take 2 or 3 hearing and than we passed decree... but which decree ?
without ex parte ?

Dr J C VashistaOnline (Expert)
16 February 2019

Whether the respondent had been attending proceedings of the Court and now stopped? If so, the Court shall proceed ex-parte.
Evidence shall be taken as by affidavit or statement, there is no difference in terms of Evidence Act.

Arjav MehtaOnline (Querist)
16 February 2019

Yes Vashista Sir,
Court passed stay order, respondent and his lawyer both are not attended court from last 3 month even court send summons to him..in that case court passed full decree of divorce or ex parte ?

R.K NandaOnline (Expert)
16 February 2019

Already replied
Contact ur lawyer

Dr J C VashistaOnline (Expert)
17 February 2019

Dear Arjav,
What is the stay ?
Decree is always final.
There is no difference in contested and ex-parte.
What is the opinion of your lawyer ? If you are dissatisfied and located in Delhi/NCR and feel so, you may contact me (on appointment) at:
Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939

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