Ex-parte in custody case
Sayeed Nazir
(Querist) 03 May 2013
This query is : Resolved
Dear All, requesting to seek advise on an Exparte Child custody order, the summons were send thru Speed Post to the respondent by the district court which were duly returned as mentioned - refused to accept, by the respondent to receive the summons where as news paper publication were also given where the respondent never attended the court so the district court ordered ex-parte of minor child custody, need to know if the respondent can file petition to set aside the degree,if so petition is filed will the respondent petition will be allowed or not since the summons were refused by the respondent, Also let us pls know what defense ground can be taken for the set aside petition, if any citation we will be happy and thanks a lot. YOUR VALUABLE REPLY WILL HELP US A LOT TO SAVE A MINOR CHILD FUTURE FOR EVER.
Devajyoti Barman
(Expert) 03 May 2013
The opposite party can always file petition to set aside ex parte decree which the court is generally liberal to allow.
Raj Kumar Makkad
(Expert) 03 May 2013
If convincing reasons are shown by respondent leading his/her absence on the date fixed then court can definitely set aside the ex-parte order and decree. There are a lot of judgments on this subject but you are required to search yourself on google.
Nadeem Qureshi
(Expert) 04 May 2013
Dear Sayeed
the opposite party can file the set-aside application before the court within time limit and after that she/he can file an application along with an application u/s 5 of Limitation Act and the petitioner have right to object their application but it's depend on the court to allow of dismiss this application. if court satisfied with their version that due to this reason he/she was unable to come to the court court have power to allow his/her application.
