Divorce Case

Querist : Anonymous (Querist) 07 July 2010 This query is : Resolved
sir,
one request i just wanted to know what is the meaning of ex party earing in a divorce case.
one more question since i filed a divorce case against my wife can she claim for my house altho the house is on my name and i do all the payments i have taken a home load for this flat and im still paying the loan can u please advice

Thanks

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pawan sharma (Expert) 07 July 2010
Ex-party, after give full oprtunity a party i.e. defandent, who has not appeared in the case than the court hear the case without defandent, for such court passed an order that, in futher case may proceed ex party.

Guest (Expert) 07 July 2010
EX PARTE MEANS WITHOUT THE SAY OF OTHER SIDE.IN CASE INSPITE OF SERVICE OF NOTICE OTHER SIDE IS NOT APPEARING AND NOT FILING ANY SAY THEN ON AN APPLICATION OF APPLICANT THE COURT MAY PASS AN EXPARTE ORDER AND PROCEED FURTHR WITHOUT THE SAY OF THE OTHER SIDE.

KINDLY NOTE THAT DIVORCE MATTER IS A CIVIL MATTER.WIFE CAN CLAIM MAINTAINENCE UNDER SEC.24 OF HINDU MARRIAGE ACT.

BUT IN A CRIMINAL CASE UNDER PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT THE WIFE CAN CLAIM SHARE IN MATRIMONIAL HOME.PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS IN CASE ANY FURTHER HELP IS REQ;UIRED.THANKS.

G. ARAVINTHAN (Expert) 07 July 2010
Ex-Parte - in the absence of the other party

Raj Kumar Makkad (Expert) 07 July 2010
Ex-parte means one sided proceeding because the other party has refused to come to take part therein. In your case wife cannot claim for house in the given facts.

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