How to contest
Arka Foundation
(Querist) 29 May 2011
This query is : Resolved
Dear Forum Members,
We are dealing with one case wherein…
Husband filed divorce in his jurisdiction.
During its pendency wife filed RCR(pending)
Husband got exparte in his favour.
Husband contests that he got exparte, and prays decree in his favour and also not attending to court for adjournments, and sending his lawyer.
And there are also sources that husband got married secretly.
Now questino is,
- Can RCR and exparte mixed up together.
- How to context the exparte divorce of hsuband in the RCR petition filed by wife.
Guest
(Expert) 29 May 2011
file an application for the set aside of the ex partee and if the husband have not mentioned in the reply about the divorce case you can also mention that fact and you can also file an application under section 24 of the hindu marriage act for the pendent elite expenses
Arka Foundation
(Querist) 29 May 2011
Wife already filed set-aside it is pending in high court and Husband knows that set-aside exparte is pending in high court
Still husband claims that he got exparte divocre decree and prays for decree in his favour.
M/s. Y-not legal services
(Expert) 29 May 2011
Here legally the husband having some problem to enjoy the ex party decree. If you got ex party decree before your appearance in r.c.r proceedings mean the ex party decree is valid one untill set aside by the same court or apex court.
M/s. Y-not legal services
(Expert) 29 May 2011
In case, after the ex party decree if you got served notice mean, along with your appearance you can file a memo by stating the facts about exparty order. Automatically the r.c.r Petition will be closed by the court. Court may be direct the wife to set aside the ex party order. If the set aside petition allowed mean she may file the r.c.r petition before the same court,
M/s. Y-not legal services
(Expert) 29 May 2011
For your information, directly a high court can't not deal about the set aside petitions. If its pending before high court mean the set aside petition may be dismissed by the trial court, now a revision or appeal petition may be filed on the dismissal. And its not mean that the divorce petition is pending. Its treated as non pending untill the high court set aside the trial court's dismissal.
Arka Foundation
(Querist) 30 May 2011
the exparte divorce decree is filed with dealy condone after 120 days.
the cae got admitted and got numbered.
later the lawyer did not tell any status
after the other side [husband] party field counter, that was three months back.
now when seeing online the case status is showing pending.
I was relying on the online case status of ap website : hc.ap.in as most of the individuals/lawyers do.
M/s. Y-not legal services
(Expert) 30 May 2011
Its mean, delay condone admitted and numbered mean the husband have to file his counter statement for the condone delay petition. If the condone delay allowed mean set aside petition will be numbered. Then the divorce case get alive. So untill allow the condone delay petition the case is non pending.
Arka Foundation
(Querist) 30 May 2011
condone delay is also allowed
after that only other party gave counter
from then case is pending, even my lawyer did not tell me anything and my client was relying on webiste for status.
now give your valuable suggestion sir
