ex parte set aside

well as far as my opinion is concerned, u were aware of the transfer proceedings, and the orders for transfer were make much prior to ur application for ex-parte proceedings..........there may not be any stay but u moved an application to this extent that there is no stay and the matter is still pending in the HC.......further u did not appear in HC consistently (ur fault).......all these circumstances are likely to favour your wife.

The transfer judgment was passed just 8 days before i applied for ex-parte. i was not knowing of that. 2 months before that i had withdrawn my high court lawyer.

She didnt even once came to the court and mentioned her inablity to attend. She neither applied for stay order nor conveyed the family court about the transfer of the case.

As the ex-parte order is passed by the trial court after the order by the High Court transferring the case, the trial court became "functus officio" in the matter and its decree does not have any legal validity as the trial courts work under the superintendence of the High Court.  There is a lapse on the part of wife for not informing the trial court about transfer of the case, but this lapse is not material in matrimonial matters and the exparte divorce decree is liable to be set aside. 

thanks Prabhakar. I understand the issue. what if i was married? what would happen in that case?

Generally, ninty days after passing of the decree of divorce, if there is no appeal filed, the parties are entitled to go for another marriage.  But, after seven months, when your wife  filed an application to set aside ex-parte decree, you have not married again and also you came to know of filing of the application by your wife for setting aside, you are not entitled to marry again.  y ou cannot marry  till the disposal of the application against her and ninty day thereafter.

my husband took ex parte divorce by fraud i came to know after 10 months summon signed by fraud we reside with each other but he showed in court our desertion from two years i want to know wheather it will be set aside or not

You move the court immediately without wasting even a single moment to get the ex-parte order set aside.   

Meenakshi,     Set-aside    the    ex-parte   order   through   u't   Lawyer   immediately.

i filed a petition in court but mt husband not cam e on 2 summons then court gave order of affixation but this time he received it if he will not come on this date i want to know what will happen now in this case

If your husband appears, he will be given opportunity to reply to your petition and after his filing the reply, both parties are allowed to argue on the petition and court will decide the matter on merits.

If your husband does not appear, after receiving the notice, the court will proceed ex-parte and hear the arguments on the petition on merits from your side and decide the petition.

Meenakshi,   it   is    Court   matter.    So    you    shall   have  to    wait   &   watch.  Your   Lawyer    will   do   his   duty    according   to    the   Legal   Procedure.

if my husband come in court and file answer to my petition then how he will proov that we were not living together but i have proof that we were living together and now too and he had made several false alligations to me then what can i do in this case how will i prove my innocence my 12 year old son is a big proof that  his father had done totally wrong.

Meenu,  Good   Afternoon.   Your     son    will   give   evidence  in    the    Court    that    his   father     is   living   with  you   all.   Wish   you     a   BEST     of    LUCK.

thanks a lot