Regarding exparte order
deshpande
(Querist) 31 March 2016
This query is : Resolved
Respected sir,
My wife filed dvc along with 498a case around a year back. I am presently living in Dubai.
In 498a case court has given me permission (order) to go and work this happend around 6 months back
Mean while, in dvc around 8 months back my wife has taken exparte order as I was not able to attend the court proceeding. Immediately (2 months from the order) I have appealed in sessions court against exparte order.
After several hearings court has dismissed my petition of setting aside exparte order stating they cannot interfere till the final order from family court.
Now, can experts advice what should be done at this present juncture in my dvc case.
Also , I would like to inform you all that my wife is a central govt employee and I have all the proofs , but I am not able to show this in the family court as I am exparte in dvc case.
Also, I would like to inform the experts that in 498 a case is almost in the closing stage , cross examination is already done, my wife is now telling court that she want to stay with me .
I am now planning to approach Hyderabad high court in my dvc case against expart order. Request experts guidance in it.
Regards
Deshpande
ROHIT SHARMA
(Expert) 31 March 2016
Dear Mr. Deshpande,
1. What kind of ex-partee order has been given by the trial court in the matter of the Divorce case case (DVC)? or is it Domestic Violence Case). I think it should be of that of monetary interim relief and the such proceedings are yet to be concluded. This is the reason why the sessions court has dismissed your appeal to set aside the ex-partee order till the family court finally disposes the case.
2.If you say that the proceedings in the matter of the criminal case u/s 498-A I.P.C. are almost over and that your wife is now telling the court that she is willing to stay with you then also she cannot withdraw the case as the offence u/s 498-A I.P.C. is not compoundable. She is saying so because she fears that her complaint may not survive and you can be acquitted and if done so you may file a criminal complaint against her u/s 182 ( False information with an intent to cause a public servant to use his lawful power to the injury of another person) & S. 211 ( False charge of offence made with an intent to injure) of the I.P.C. The court may dismiss her criminal complaint for lack of cause for action for filing a criminal complaint.
3. If you do not wish to divorce her despite her false accusation and are ready to have her back then make her file an affidavit before the trial court trying the matter of divorce petition citing therein in that she is not pressing for her divorce petition.
deshpande
(Querist) 31 March 2016
Dear sharma ji,
Dvc (domestic violence case), and this case is yet to be concluded, actually I am fighting this as case as I have not done any thing wrong and on the other hand she is hiding of her employment details from honorable family court (she is a probationary officer) in one of the prime govt bank in india , but unfortunately court is not looking at these as I am exparte.
Now, I want to get this ex parte order to set aside as I want to fight the case on merit basis.
My lawyer has advised me that he will approach high court for getting this set aside.
Also, I do not want to compromise with her in 498 a and I want fight the same on merits.
Please advice is there any provision in our ipc where in my case of dvc can be re opened in family court.
I want to divorce her after my 498a case is disposed off.
Regards
Rajashekar
T. Kalaiselvan, Advocate
(Expert) 09 April 2016
For setting aside exparte order, you should approach the same court and not the appellate court.
If this was an interim relief order granting maintenance, you can very well file a revision before the sessions court or file a set aside petition before the same court.
