Ex parte order without affadavit

Sadly In my opinion - No. It is a procedural irregularity - and court would seldom interefere on that ground alone. Your best bet is to prove sufficient cause for not participating or argue that even without you appearing she was under an obligation to prove her UNREBUTTED CASE - which she has failed. Just because you don't enter appearaance the lady does not become entitled to something that she is otherwise not. YOur absence only dispenses with checking her evidence by cross examination - the primary obligation to satisfy judicial conscience/prove your case in the first place still is on her.  

In this regard I'd advise you to read Balraj Taneja vs Sunil Madan, 1999 SC. 

Good Luck !

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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later in my child visitaiton order in DV act..she appealled in session court and again got the ex parte order on basis of false submission without the above said affidavit in form III format....as per the point 7 ..the above asked query was about the exparte order she got in J.M.F.C.

7. Affidavit for obtaining ex-parte orders of Magistrate.- Every affidavit for obtaining ex-parte order under sub-section (2) of section 23 shall be filed in Form III.

the term magistrated applied here is for trail court only or does it applies to session court judge also..

If u want procedure query.....no need for her to submit affidavit in session to do so. But i amwondering WHY U ARE LETTING HER ENJOY EX-PARTY ORDERS TIME & AGAIN