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Vishwa (translator)     06 July 2009

Dubious procedure


For brief details of my case, see my thread in this forum


I have learnt that my (soon to be ex-)wife has obtained an order from the court for maintenance as well as a stay on my disposing off my house acquired from my earnings long before the marriage.

I was never given a chance for presenting my side of the case, because the wife has driven me out of my house and I am basically homeless. I was totally unaware of any such proceedings against me.

I have been told that such ex-parte orders are obtained by cunning lawyers in favour of their clients by following a relatively simple procedure. Summons are issued but these are diverted through devious means. For example, the postman can be bribed to return registered letters. Then it is claimed that the defendant does not respond to summons or refuses to appear in court, leading to such in absentia orders being issued.

It is like stabbing a person in the back, a heinous crime by all standards.

I am told by my lawyers that these orders can be set aside. Even so, I feel that I have received a raw deal from justice.




 2 Replies

Kiran Kumar (Lawyer)     06 July 2009

Well Sir,


its really a sorry state of affairs in India, u r not a single person who is facing trouble, there are a lot many.


judicial system is heading for a virtual collapse.


m a lawyer and had a personal Rent matter before the rent controller, the matter was argued for two days and through out the arguments he supported my case but dismissed the matter on a point which was never even argued....Rent controller passes a totally unreasoned order.


if a lawyer is not immune to judicial corruption how can a common person expect justice from Indian Courts.


but dont worry pls fight for ur rights and in case of any help u can approach anyone of the experts here, i dont know which city u live in, you can have a lawyer arranged from this portal only.



1 Like

Anjali (IT)     07 July 2009

you have every reason to be upset. For an exparte decree, the same law helps you to set aside without much trouble at the end.  All the best


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