LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Js Sj   20 October 2021

Ex Parte

After a long battle in the family court for 10 years, she is not turning up in court for the last 6 months. So the judge has set a date for ex Parte evidence.
We separated in 2010, both the boys have been with me always. In 2011, she filed RCR, IM & Child custody. In response, I filed for divorce in 2013. After mediation, she agreed for mutual consent and we filed the same in 2015 after I paid her 50%. After 6 months she changed her mind and the MCM was dismissed. meanwhile, because of her continual absence, her RCR was dismissed as not contested. Now my queries are
1. What are the documents I have to file as proof affidavit? Especially, should I only stick to what's in my divorce petition or can I include the subsequent MCD petition/agreement and proof of payment?
2. Will alimony/maintenance be ordered in an ex parte order where the party is missing?
3. Can I also file the audio recordings of her violence at home and threatening text messages from 2010-2011 as evidence ? These are documented in my divorce petition.

Please advice.

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 October 2021

You can  bring the notice to the judge subsequent MCD petition/agreement and proof of payment


Dr J C Vashista (Lawyer)     21 October 2021

Not only MCD but also agreement, payments made, RCR proceeding, audio and other messages would have to be exhibited and proved in your ex-parte evidence. 

However, in an ex-parte case no alimony shall be considered / granted

Js Sj   21 October 2021

Thank you Rama and Dr.Vashista

Dr J C Vashista (Lawyer)     22 October 2021

You are welcome.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query