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Nimesh (Engg)     30 July 2010

DV case from Surat (Gujarat)

Dear Friends,
Good Day~
 
I read all digests regularlly. You all have really done a great job by establishing such a supportive family/group. It is immensely appreciable.
 
This is Nimesh Prajapati from Mira road. My wife has filed DV [section 13(1)] case from surat on me & my old aged parents. We just yesterday received one notice from our neighbour stating that we need to appear in the court on 10/06/10. Since we were not at home from 21/05/10 to 28/07/10 due to important family functions of our 3-4 relatives at our native place in gujarat. we could neither receive this letter in time nor make ourselves present in the court on 10/06/10 as stated in the notice. it is 30/07/10 today.
 
Since the court notice has been violated by us, can we be put in any bad sitaution?
 
What should be our next cource of action?
 
Can we show the invitations cards in the name of us to the court showing the date of the family functions held between 21/05/10 to 28/07/10. Will it work as an evidance.
 
Thanking You,
Nimesh Prajapati
9322198495


 4 Replies

harpreet singh (private practice)     02 August 2010

Engage a lawyer n check whether u ve been proceeded exparte or not ,,if yes then file an application for settin aside the order ..u will suceed cos the case is at its initial stage

Nimesh (Engg)     02 August 2010

Dear Harpreetji, Thanks for your kind reply. I did not understand two words in your reply. They are as follows. 1) proceeded exparte or not (what is the meening exparte) 2)file an application for settin aside the order (what is the meening of settin aside the order because i do not know what my wife has mentioned in her DV application submitted to the court) Your prompt reply in this ragrd will be highly appreciable. rgds, nimesh

harpreet singh (private practice)     03 August 2010

Exparte means u being marked absent n  the case being proceeded in ur absence n dat will go against u...so if u ve been proceeded exparte then file an application for setting aside dat order so dat u can join n contest the case,,,,, n if u ve not been proceeded exparte then u can join n contest the case straightaway

cyberlawyer (barrister)     04 August 2010

If you have been set exparte, you can file set aside exparte application stating reasons and for which the those invitations will be helpful to you, Dont worry ... But first find out whether you are set exparte or not. In my opinion the court will wait for sometime ordering notice to you, and only then it will set exparte....


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