ExParte Penalty
Siva
(Querist) 14 June 2010
This query is : Resolved
Hi, My Wife got an exparte degree for the restitution of conjugal rights in Oct2007. But she did not turned up or shown the degree to me. In Oct2009 I applied for divorce. Immediately after receiving the divorce notice, she came and occupied my home, specifying in court, she wants to live with me. But actually she is harassing and threatening me. I have 2 question.
1. She threatens she will claim my property for not obeying exparte degree, specifying I am dishonest to court. Will this be possible by law?. I did not disobey, I allowed her to stay, but I am contesting divorce case as well filed a case to set-aside the exparte degree.
But she threatens through advocate, the exparte degree is sufficient to sue my property. Is this what law says?.
2. What is the maximum panelty to set-aside the exparte degree. Currently I got an IA number and following the exparte degree to setaside in court. But her Advocate, specifies me as fraud & dishonest in court and seeking for cost of my property. Is this possible as per law.
Please mail back. thanks Siva.
Devajyoti Barman
(Expert) 14 June 2010
1. The question of attachment would come only when the wife/decree holder would put the decree on execution.
2. The only remedy it seems for you is that you should immediately challenge the ex parte decree by filing appeal or petition for setting it aside. If you prefer appeal then the court may likely to stay the decree and in that circumstances you may not fear much as far as attachment is concerned.
Raj Kumar Makkad
(Expert) 14 June 2010
I totally differ with Barman and the advocate of your wife. There is no law permitting your wife to claim your properties just on the ground that ex-parte decree for restitution of conjugal rights was not followed by you. This decree is even not executable had it been passed even on merits. So the threatening on the part of your wife or his counsel is entirely illegal and has no base of law.
Devajyoti Barman
(Expert) 14 June 2010
I would request Mr Makkad to remove the doubt of executability of RCR decree by going through provision of Order 21 Rule 32 of CPC.
G. ARAVINTHAN
(Expert) 15 June 2010
1. You can file application to setaside the exparte decree, with sufficient reason to condone the delay
2. You have to pay costs as per the direction of the Court and the same can be done in discretion of the Court and not as stated by that advocate
Uma parameswaran
(Expert) 18 June 2010
Restitution of conjugal rights is for live together and not for claiming the property.
