Like to move to appeal against lower family court set aside order in high court.
Sudhakar
(Querist) 26 April 2014
This query is : Resolved
Respected Experts,
This question might found to be a repeated one, but please i urge you all to reply me.
I got married on october 15th 2010, my wife left with in 15days of marriage without reason.
I filed Nullity of marriage under section 12 (1) (a) as per HMA in 2011 feb. In reverse she filed counter in 2012. But in her counter she stated nothing neither Restitution nor Divorce., she simply said all my petition statements are false in her counter.
My wife stopped attending court, i urged judge to give exparte in favour of me, judge has accepted and gave it.
In return she filed setaside and judge gave ORDERS in her favour that accepting her setaside petition where the reason in her statement is she got absent due to bus which she was travelling got struck in traffic jam, I wonder here why judge didnt asked her why she got absent prior before to ex parte order 4 times in a row,
My actual question is I would like to challenge in High Court against lower family court SETASIDE ORDERS. Please help me, BY WHICH SECTION and clauses I can file a challenge against lower court orders.
PLEASE HELP ME by which section and clause i can challenge in highcourt against lower family court setaside orders.
I know that some of you experts say its waste of time in challenging it, but please help me out by which section i can file the case in high court against lower family court
Orders.
Awaiting for favourable reply.
Thanking you
Devajyoti Barman
(Expert) 26 April 2014
You can file Revision against such order but take my orders you will not succeed. Setting aside of ex parte is liberally allowed and your appeal will be futile exercise.
However if you still decide to do that then do apply for direction from the high court for expeditious disposal of the suit below within a time frame
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 April 2014
In no of years and thousands of cases posted on this site I have seen you have taken most proper step , however just do not spoil it by going to HC and all that .
Setting aside of EXPARTEE orders is normal so let the case go on and contest on merits and let other party to bother about appeals and revisions.
Other sections of HMA and even legal marriage can also be added on all marriage related cases by smart pleadings so that you can escape life long cancer of paying maintenance , shelter and what not.
Go through historic judgments of SAVITABEN , VALUSAMY and to some extend GROVER by SC for guidance.
So do not hurry and persue the case properly at lower court you will surely win., an eye opener for others.
Sudhakar
(Querist) 26 April 2014
Please explain me in detail about :
WRIT OF CERTIORARI
Biswanath Roy
(Expert) 27 April 2014
Restoration of an ex-parte order is always accepted as justified so contest the case on merit praying for an early disposal. Preferring an appeal or revision against the set aside order shall not be maintainable in High Court.
T. Kalaiselvan, Advocate 
(Expert) 28 April 2014
I agree with the views of experts on the subject issue, if you still insist on a revision against the order allowing the set aside petition, you may go ahead and carry on a futile exercise. about writ of certiriorari please read the concerned law books for its meaning.
T. Kalaiselvan, Advocate
(Expert) 28 April 2014
Writ of Certiorari means: an order issued to an inferior court or tribunal requiring it to send the record of its proceeding to quash the same if there has been an error of jurisdiction or law.
So you may see that how far this will suit you, again in my opinion allow the petition for setting aside the exparte decree to be admitted and bring her to the court to see how she faces your case and you fight it against her.
Biswanath Roy
(Expert) 28 April 2014
Unless the grievance attracts relief through Writ of Mandamus Writ of Certiorari cannot be prayed for. The facts of the query does not attract Mandamus, hence question of application for writ of certiorari stands. nugatory
Biswanath Roy
(Expert) 28 April 2014
Unless the grievance attracts relief through Writ of Mandamus Writ of Certiorari cannot be prayed for. The facts of the query does not attract Mandamus, hence question of application for writ of certiorari stands. nugatory
Rajendra K Goyal
(Expert) 28 April 2014
Well advised by the experts, agree to it.
