Civil Procedure Code (CPC)

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Shashi Dhara   02 August 2021

E-court status "exparte evidence"

IfThe suit has only posted to 10-8-2021 for exparty evidence then file an application to set aside ep -evidence and file vakalat with objections by engaging advocate.



 9 Replies

Dr J C Vashista (Lawyer)     02 August 2021

"Ex-parte evidence" implies that the respondent did not attend / participate court proceeding and the case is at the stage of evidence of petitioner.

The facts posted are not very clear but confusing.

Consult the lawyer engaged by your friend for proper guidance as s/he is well aware about facts and circumstances of the case.

1 Like

Monu   02 August 2021

Thanks sir,

Hope this detail helps:

Case is in Indian divorce Act 10, (Christian marriage)

Case type is OP (Original Petition)

Hering status:

1st hearing on 26/07 - "Apperence of parties"

2nd hearing on 10/08 (short notice) - "exparte evidence"

Case is filed in Kerala

Filled by husband, who moved away to his paternal home (Kerala) after 14 years of marriage

Wife (working) is still staying in the same house (Maharashtra) with a grown up son (12 years) from last 14 years.  House is in the name of Husband.

Husband family has involved lawyers from bar association.

Wife has a lawyer, but even after he attended the case the current status says "exparte evidence"

Questions:

What option we have, considering the case is going one side? Even though we have a lawyer, his presense is not recorded or he is getting influenced.  Second the dates assigned are on short notice.

Can we raise a complaint so that this process can consider both parties views and dates alloted are fair (not in hurry, considering the parties are in different states and covid concerns, working mother)

Can we have simple response, saying the case is frevelant hence need to see evidence of the claims made by husband?  Also can we send registered post directly to the court though one of the laywer in Maharashtra?

Any other options we have?

Asking lame questions as I don't know our option specially when the lawyer in another state is not doing being effecent.

Thanks again for your advices

 

Regards,

Monu

 

Kishor Mehta (CEO)     02 August 2021

Arrange to file a petition in the Supreme Court of India to stay the proceedings and to transfer the case to the Family Court nearer to your friend's residence. 

 

 

Monu   02 August 2021

Concern is stay and transfer in supreme court will take 2-3 months even if we file now I understand (please correct me with suggestions if I am wrong).  However next hearing is on 10 August.

So can they close the case (on ex-parte) before 2-3 months considering they have influence on bar association.

Second is there any option to stay on short notice before 10 Aug from Maharashtra? or going to Kerala is advisable (considering risk and working women). 

What should be the action on short term and longer duration?

Thanks 

Kishor Mehta (CEO)     02 August 2021

File a petition in Supreme Court of India and inform the Family Court at Kerala of having filed the petition and to stay the hearing till the decision of the Supreme Court. 

Monu   02 August 2021

Thanks for the input.

2 more questions:

Can we inform the family court through registered post or email (if yes what would be the address)?  Asking as the appointed lawyer is not able to register his attendance in 2 hearings.

In case if ex-parte judgement against us, can we apeal in Maharashtra courts agains the order without complying to the order issued by Kerala family court.

Thanks for help!

Kishor Mehta (CEO)     02 August 2021

You have to be present in the Court or appoint an advaocate to represent you, reply with email or post is not valid. In case of an adverse decision you have to approach a higher court in Kerala. Best approach will be to file a transfer petition in Supreme Court of India and inform the Family Court at Kerala about the filing of transfer petition with Supreme Court of India and request for a stay pending the decision of the Supreme Court.

1 Like

P. Venu (Advocate)     02 August 2021

Which Court? What is the case number?

Monu   12 September 2021

Also in this case a divorce is filed under section 10, by husband and also demanding money from wife (who is working) and taking care of child. Currently the proceedings are going as ex-parte, effort are made to raise IA to stop it Q. Can a husband demand lumpsum money for divorce? Would a court ever accept it?

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