Exparte in family court

Ranganath (Querist) 16 October 2009 This query is : Resolved
ld counsels,

When hunsband files restitution and wife files annulment, can the family court pass an exparte decree annulling the marriage due to non-filing and non-appearance before the court. Will the court give any indication before passing an ex-partee decree.

Is it required for the court to appreciate evidence before passing ex-parte decree.

Please clarify. Thanks

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Adv Archana Deshmukh (Expert) 16 October 2009
The court always appreciates the evidence before passing ex-parte decree.

Sukhija (Expert) 16 October 2009
show cause notice will b given to other party before passing exparte order.

Sachin Bhatia (Expert) 16 October 2009
Yes court always appreciate ex-parte evidence before passing ex-parte decree.

Ex parte evidence (Law), that which
is had or taken by one side or party in the absence of the other. Hearings before grand juries.

Raj Kumar Makkad (Expert) 17 October 2009
Family court or any other court is not bound to indicate prior to passing ex-parte decree. if the respondent has deliberately not appeared in that particular case despite of due notice then such party can be proceeded ex-parte and after appreciating the unrebutted evidence on the part of the petitioner, the court is bound to declare its judgment accordingly as in the resent case decree for annulment has been passed.

Adinath@Avinash Patil (Expert) 18 October 2009
IF THE RESPONDENT DELIBERATLLY AVODED TO APPEAR IN MATTER, COURT WILL PASS EX-PARTEY DECREE.

Khaleel Ahmed (Expert) 22 October 2009
Non appearance of the petitioner causes dismissal of the petition, non appearance of the defendant , the court can pass ex parte orders in favor of the petitioner.

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