Can i fight in high court against set aside order passed against my exparte.11

Sudhakar (Querist) 06 April 2014 This query is : Resolved
Respected Experts,

I am Sudhakar... I will be going to tell my query in detail on date by date in below.... please advice me and suggest me what can I do?

I have filed a petition in Family Court in Vijayawada under Section 12 1(a) in 2011, to make my marriage null and void because my wife left matrimonial home with in 15days of marriage date.

After that she filed counter to my petition and also filed 498 A and also for maintenance.

Now Coming to the points:

1. On November 1st 2013, I am as a petitioner, informed honourable family court judge, that my wife as a respondent havent been attending from past 3 times, So please award me Exparte, upon that Honourable Judge said that an Intimation is given to respondent that she should attend on December 2nd 2013.

2. On December 2nd, 2013 my wife as respondent DID NOT attended court, the same I have asked honourable judge that still today though she was intimated, she did not attended court in straight fourth time. As soon as honourable judge listened me, He said me to submit Exparte Affidavit on December 5th, 2013.

3. On December 5th, 2013 My Wife as respondent attended family court and submitted SET ASIDE Petition, Stating that She was absent on December 2nd, 2013 due to SHE GOT STRUCK IN BUS, WHICH IS STRUCK IN TRAFFIC JAM, so requested judge to set aside the exparte.

4. On December 24th, I submitted Counter for that Set aside.

5. Upon HEARING BOTH SET ASIDE PETITION AND COUNTER, Honourable Judge of Family Court has given ORDERS that court has Set Asided Exparte Decree in IA.

Now my question is she has never shown interest in matrimonial life and left the matrimonial home in 15 days and never rejoined still today, She has got absent for 4 times in a row. On 5th time, she came to court and says a cause that due to traffic jam she has not attended to court.

I to my self finding that Bus Struck Traffic jam is not provable and not a proper ground and she was interested in dragging case.... CAN I GO TO HIGH COURT for revision or whatever against this lower family court decision.

Please Guide me...

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ajay sethi (Expert) 06 April 2014
no sense in going for revision in HC . in interest of justice family court has set aside exparte order .

if family court had not set it aside in appeal HC would have done it .

contest case on merits before family court

Sudhakar (Querist) 06 April 2014
Thank you very much

Devajyoti Barman (Expert) 06 April 2014
The court generally allows such prayer for setting said ex parte order.It is normal and going to high court would not fetch any desired result.