Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

chandraprakash tripathi (sole propritor)     11 July 2013

Ex- parte proceedings in guardian and wards act.

i have instituted my civil suite case in guardian and wards in january-2013,  under section 7 of guardian and wards act for permanent custody of my son,  my wife is no mo,  custody of my son is  with grandparents,  so after serving summons and following all the due procedure and process of law the responsdent didnt appear on any date, pasting order was also taken then also they didnt appear on the date,  finally on 04-07-2013 the magistrate passed ex parte order,  i just want to know since i am the natural guardian,  father of my son, will i get his cutody i know i will,  also there are no evidence  or any witnessess from respondents side,  so now as the ex- parte order is passed till what time should i expect to get ex parte decree from the court, my coming date is on 18-07-2013 and i have to file an affidavit on that date in court,  i want to know till how much time should i expect to get decree and the grandparents are of loose character and abusive nature,  i dont want to go to their place for custody of my son, so in that case how will be the court order implemented?, will my ward be arrested and then custody given to me, Looking forward for guidance and reply


 10 Replies


15 to 20 days.

Adv. Chandrasekhar (Advocate)     11 July 2013

Get a certified copy of the order and file execution petition seeking the police assistance to recover the child.  Once executive court gives direction to the concerned police, you take the police along with you to their home and get custody of the child. 

ktkaran (maanger)     11 July 2013

adv chandu is right .

Also once u have custody of child dont let it go away.

Ex parte order will be challenged by opposite and it will be set aside,you challenge that in higher court and linger but dont let child go away once in your hands.



chandraprakash tripathi (sole propritor)     11 July 2013

i agree  with you that ex parte can be set aside,  but i want to know that is that an established law that if a trial court is convinced and gives you an ex parte order the higher court will set it aside,  wont the higher court go in the merits of the case,  i mean if respondent is negligent and i am vigilant,  he was sleeping all those times not came on any date, so  just because he goes and challenges ex parte order it will be set aside,  doesnt the  appleant court has to justify the reason for setting aside my ex parte? its not fair,  its so called bad law for me

chandraprakash tripathi (sole propritor)     11 July 2013

15 to 20 days,  but no evidence,  witnessess,  cross examination will be done,  i mean its like just i am contesting my case for custody of my son, and the respondents grandparents attitude is like i dont care,  i believe in the saying of law which says,  law assist/help those who are vigilant on their rights and not who sleep over it.

chandraprakash tripathi (sole propritor)     11 July 2013

they are really very abusive and use foul and dirty languages,  and give threatenings of strong man of the area, that they have contacts with him  and they will have  me beaten up, also they never open the entrance gate for anyone, like a cycho they just hide my son and just dont want to give him

chandraprakash tripathi (sole propritor)     11 July 2013

i have to submit an affidavit on this date in the court,  as i said ex parte order is passed,  my advocate said that i have to make a declaration in affidavit according to the petition i have filed in the concerned court, so  it will  be of good help if you can send me a sample draft copy of affidavit to be submitted after ex parte order is passed,  and the draft of execution petition  for getting custody of my child from the grandparents.

chandraprakash tripathi (sole propritor)     11 July 2013

my email address is,  you can send the draft on  my email or paste the draft here also

ktkaran (maanger)     11 July 2013

same court will set aside

chandraprakash tripathi (sole propritor)     11 July 2013

you are right but i will oppose it,  and just because ex parte  decree can be set aside,  does not legally mean that every ex parte decree will be set aside, the facts and circumstances of the case  will be seen, and  he has i mean respondent has to justify the court and give proper reasons why should the ex parte be set aside.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register