divorce pit.

Querist : Anonymous (Querist) 25 October 2010 This query is : Resolved
sir, in a divorce case by husband, there is an existing order of exparty proceedings & dt. was fixed for exparty final argument. on date an application u/o9r7 is filled frm side of wife. p.o. was on leave on that dt.. husband's counsel refused to recive copies & the same was kept on record. my quary is that is it lawful to proceed furthre exparty ignoring the attendence of wife & her app. u/ o 9 r7 c.p.c.?

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Devajyoti Barman (Expert) 25 October 2010
The wife has taken the appropriate step. On the particular date as the judge was absent the court official could not make any order towards the said petition. On the next date when the judge would be present he would pass appropriate order allowing the wife to contest the case by filing WS.

adv. rajeev ( rajoo ) (Expert) 25 October 2010
It is not a good advocacy by the advocate of the husband. He could have received the copy. Any how application is filed so submit the same to the court.

s.subramanian (Expert) 25 October 2010
Yes.

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