Ex parte and default
Prakash Nair
(Querist) 22 June 2015
This query is : Resolved
I have filed an OP for divorce with relevant records. In return the unsound wife has filed suits for gold, child custody, MC and 498-A. Child custody OP has been dismissed and not revivde by them. My divorce OP has been decided in my favor ex-parte twice and their OPs dismissed for default twice. They are deliberately abstaining from hearings and evidence-trials. As many as 10 times they tried to abuse the process of court by keeping away from crossing and they haven't crossed me also all these periods, despite of mur readiness. Last time they misrepresented court by giving false reasons for setting aside ex parte decree and dismissal, the court fined them too for this act.
Kindly advise as to whether they can ask for setting aside again !!?? Which is habitual and abuse of process of court.
Prakash Nair
(Querist) 22 June 2015
Is there any limit to set aside an ex parte decree and dismissals for default, without genuine reasons ?
Devajyoti Barman
(Expert) 22 June 2015
Yes such applications is to be filled within30 days unless accompanied by delay condonation application.
Prakash Nair
(Querist) 26 June 2015
Sir, they haven't appeared on any of the occasions set for evidence, neither ready to cross me. This happened at least on 10 dates. Is ther any remedy to stop this abuse of procesa of court ?
Prakash Nair
(Querist) 26 June 2015
Sir, they haven't appeared on any of the occasions set for evidence, neither ready to cross me. This happened at least on 10 dates. Is ther any remedy to stop this abuse of procesa of court ?
