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Sameer12345 (SSE)     09 November 2012

Crpc 125 - absent in hearing - effects

What kind of orders a honorable justice can pass in case I remain absent in cross examination and further stage?

Is there chances of arrest while case is going on till final order?


 8 Replies

stanley (Freedom)     09 November 2012

Ex-parte order can get passed 

Adv k . mahesh (advocate)     09 November 2012

it depends what stage the case an exparte means "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition

desertedhusband (na)     09 November 2012

if exparte is granted to wife due to absence of husband. can alimony/maintenance be contested later? if yes, what will be the status of exparte divorce? will husband and wife still remain divorced?

rajiv_lodha (zz)     09 November 2012

Divorce once granted, even if ex-parte is divorce for all practical purpose. Aggrieved patry may put application to set aside these impunged orders

Yes, alimony can be sought after passing divorce decree

wonder (fgh)     09 November 2012

is divorce granted by exparte means only if one of the litigants remain absent without specifiying any reason in case of divorce only  or is this applicable in case of dv and /or498a also ?


can this divorce by exparte be given in the first ever hearin/date of the case or at some advanced stage only ?

wonder (fgh)     09 November 2012



can i use RTI from some public bank to get the list all female candidates who appeared for some national level exam on a said date 5-6 years back at a particular exam centre in India?

Roger (Unemployed)     14 November 2012

Married in may 2000, we separated in June 2006. We have one daughter aged 12 years in her custody. My wife (a practicing Lawyer) had  filed RCR - Restitution of Conjugal Rights & Petition for Maintenance in Oct 2010 at the family court Bandra, Mumbai. On Sept 2012, I remained absent during my cross and the judge declared the cross closed. My adv therefore hurriedly filled a written argument and on the next date the opposite adv files her written argument. On 21st dec 2012 will be the Judgement order.
I have not been heard even once. Not a single evidence has gone on record and the opp advocate has liberally put false claims in her initial petition and repeated the same in her written argument that I own huge property, multiple houses and a huge salary. I stay at my brother's house. I do not intend to unite. There has been no conjugation between us since 2005.  I am unemployed since last 5 years as I am suffering from aids and owns no property. The lady judge appears pro-woman.

Therefore, without hearing me even once -

(1) what kind of judgement could be passed

(2) It is possible to file for divorce without hiring lawyer's service as I am financially broke

(3) How can I and when should I appeal in case an order is biasedly passed against me ?

Pinakin Joshi (owner)     09 August 2014

no arrest warrant can be issued, only ex-parte order passed in favour of your wife

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