498_final stage (Professional) 03 August 2017

Ex parte judgement awarded to wife despite ....

Hello Experts,

Ex Party divorce has been awarded to wife at argument submission stage when application of court transfer was pending in HC. Opposite party then sent a Caviat to me from HC citing that if I come to HC for challenging the order then they must be informed for the same.

Since I received the Caviat within 30 days of passing ex-parte order, I went to the lower court and filed a Miscellaneous application for setting aside the order. The judge putted a date on the ordersheet but after that the judge was absent in the court. (the court is vacant till date). 3 summons were sent to the opposite party but they did not receive it.

Now 6 months have passed and the court is still vacant. Can I get it recalled? What if the got married?

The ex-parte divorce is give to girl by saying that me and my family beat her. However, no cost is granted to the girl. Does it have any impact on my other 498a etc cases??

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1 Replies

Adv Radhika Mehta (Advocate) 03 August 2017

Firstly, when your matter for transfer was pending in the HC, why didnt you get a stay on the lower court?

Even if the court is vacant, your application is pending hearing. Whether you can get it recalled or not, depends upon what were your reasons for non-appearance during the Court proceedings.

Regarding service, you can make an application for service by way of substtituted service i.e. pasting at her last known address. Otherwise, if there are other cases pending, you can have her served there also.