can court can grant EXPARTy without sending the notice?

sampoorna (Querist) 24 June 2008 This query is : Resolved
sir,

this is sampoorna.my husband is upscanding sice last four years and N.B.W is pending on him on hyderabad polise grounds for sec498.till date he did not surenderd to the court.and another N.B.W is pending on in warangel polise station for maintance case in the famaily court of secunderabad.from four years. he is upscanding.his native is warangel i my native is secunderabad.can upscanding person can applay for divorse case in his native plase?if so what is the procedure?did he should present in the consern court?or simply can he put case through lawyer?if he apply through lawyer did he should mention his address?
can court grant EXPARTY without sending me any notice?if my husband wantedely give wrong address of mine and delivered notices to wrong address without my knowledge if court grant EXPARTY then in what way and which court i should applay for dismiss the EXPART which is given by the court.

Follow Query

Report Abuse

Srinivas.B.S.S.T (Expert) 24 June 2008
Dear Smapoorna. I am sorry for what has happend with you in your life. The hardcore fact of the law is that your husband can file a divorce petition by giving a GPA to any of his relatives. The most horrible point is that it is your burden to prove that the addresses to which the summons were sent are wrong lies upon you. However dont worry you can always file a set aside exparte order stating the facts as well as file a petition for proclamation in the criminal court against your husband as the warrant is long pending. Wishing all the best to you. Any further clarification you can contact me at s_bsst@yahoo.com or can call me at 9440120259 or 9866246965

SANJAY DIXIT (Expert) 25 June 2008
1) YES. Your husband can apply for divorce.
2) The procedure is simple just like filing the othe civil suits.
3) If there is a Family Court, the personal appearance is must in each & every date but if the case is filed in Civil Court, it can be file through lawyer.
4) In both cases, he has to mention his address in the petition.
5) No. Court can't proceed ex-parte without service of summon upon you.
6) if the suit for divorce decreed ex-parte due to your wrong address mentioned in the petition; you are free to file an application for setting aside the decree of divorce. The case will be restored & the ex-parte order/ decree will be recalled.
7) For setting aside the ex-parte decree/ order; you have to file the application in the same court, which has passed the order.