NRI Divorce - Ex Parte
Sikander
(Querist) 16 May 2009
This query is : Resolved
Thanks for all your responses -- So once an Ex-party is granted, I either accept or appeal. Is there a time frame to do both.
What happens if I do neither/nothing????
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I am in UK and am planning to be here for atleast another 3 years.
We got registered marriage in India and have been living in UK for last 2 year. My wife went back to India and filed Divorce.
I want to know what happens if I just sit quietly here in UK and - do not respond or take any action for my divorce case?
Once Ex-parte is given do I have to accept the order? What options do I have - if i just want to drag it out.
Also what actions can be taken against me in UK (can Indian Consulate force me to go to India) and if I go to India - can court enforce that I "must appear" in court & Stop my travel abroad.?
Swami Sadashiva Brahmendra Sar
(Expert) 17 May 2009
ex party decree will be binding on you. only for divorce proceedings you can not be compellrd to appear.if you do not appear, case will be decided on the basis of petition in your absence and that decision will bind you.
Uma parameswaran
(Expert) 17 May 2009
If you sit queitly in UK the petitioner have the right to collect permission from court to send summons to your place.It is your option to accept the exparte order or go for an appeal. If the case is pending against you while your arrival and then the court has the power to make you appear before the court and all it is depends upon the case and knowledge of your arrival .
Sikander
(Querist) 18 May 2009
Thanks for all your responses -- So once an Ex-party is granted, I either accept or appeal. Is there a time frame to do both.
What happens if I do neither/nothing????
RAKHI BUDHIRAJA ADVOCATE
(Expert) 18 May 2009
I do agree with my ld. friends. U can contact me at_09871158578/09711364956
SANJAY DIXIT
(Expert) 20 May 2009
The time limitation for filing an application for setting aside the exparte decree is 30 days and that of appeal in higher court is 90 days from the date of exparte judgment.
