Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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roy (analyst)     20 February 2010

Ex party divorce decree

Dear All,

Good Day. The district family court had  judged an ex party  divorce  for me . I am staying abroad and  My advocate had cheated me by advising  me to not to present before the court and he can manage with out my presence.  finaly on 3rd of february , the judgement came and it was obviosly against me. I decide to go for appeal and can some body give me a answer for the following.

1. How long it will take to get a copy of the judgement? My advocate says it taks months together but i dont belive him any more.

2. which is the appealate court  in case the judgement came from District family court.

3. what is the duration to file an appeal , in case of an exparty divorce..

Thanks in advance

riy

 



Learning

 12 Replies

VIJAY K. TEOTIA (ADVOCATE)     20 February 2010

to get a certified copy takes 2-3 days usually, although on urgent basis the same may be obtained same day.

if the judgement is passed exparte, the same may be challenged before the same court or alternatively you may also approach high court in writ jurisdiction,

1 Like

roy (analyst)     20 February 2010

Thanks a lot Mr.Vijay Teotia. Can you please advise me , in such type of cases( ex party), what is normal duration allowded to file an appeal.. 

veda (advocate)     20 February 2010

Dear Roy  against an exparte decree you can file a petition before the same court to set aside the same within 30 days from the exparte order. even thereafter you can file the same along with condone delay application. if you are able to convince the court for the delay, the court will accept the delay and will issue to notice to the other party. if any adverse order is passed either on the delay petition or on the set aside petition , then an appeal; will lie before the High Court.

1 Like

Kiran Kumar (Lawyer)     20 February 2010

Veda has advised u correctly, High Courts dont have writ jurisdiction in such matters.

 

better move an application under Order 9 Rule 13 of CPC, before the same court, to set aside the exparte orders.

1 Like

roy (analyst)     20 February 2010

Thanks a lot  Mr.Kiran and Mr.Veda

Can you please give me one more advise? to move an application under order 9 rule 13 of cpc( to set aside the third party decree)  , Does my physical presence is required for all hearings ? or Can I authorise an an advocate ( or give a power of attorney to one of my family members)  to present  befrore the court on behalf of me ? Kindly consider the fact that I am staying abroad..

 

DR.SANAT KUMAR DASH (Eye Specialist)     20 February 2010

MR.ROY,   YOU   SHOULD     ENGAGE    ONE     NEW       LAWYER    INSTEAD    OF     THE         PREVIOUS       ADVOCATE      (   WHO    HAS     CHEATED    YOU ).       NOW   THE    NEW   LAWYER   WILL      PLEAD    YOUR   CASE    UNDER    ORDER 9    RULE  13    OF   CPC.      THUS       U'R      EX-PARTE       WILL  BE   QUASHED     BY   THE   HON'BLE      COURT.

veda (advocate)     21 February 2010

Mr.Roy you have not mentioned the court and place. if it is before a family court constituted under the family courts act 1985, then your presence is required in each hearing( or through power of attorney  till the case reaches evidence stage, subject to the satisfaction of the court) or if its before the regular dist court or sub judge, the lawyer can represent you. but in any case your presence is required to sign the vakalat and petition to be filed before the court to set aside the exparte order.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     22 February 2010

I do agree with Veda.

roy (analyst)     23 February 2010

Thanks a lot to Dr.Sanat Kumar , Raj Kumar . Veda a million thanks to you dear.

Can somebody please help me  on these.

1. what is the procedure to get a certified copy of the judgement in case of ex party decree?

2. Does the certified copy  of the judgement is required to file a set aside petition  or a condone delay application ?

thanks in advance

roy

Lilly rose (n/a)     23 February 2010

No need of certified copy of judgment for set aside or condone delay, since you are moving the same court dear.

1 Like

roy (analyst)     24 February 2010

Dear All,

Can somebody advise me what is the maximum duration to file a condone delay application in case of an ex parte notice..

Thanks in advance

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2010

U can file an application to set aside the ex-parte order passed against you (within 30 days of the knowldge) in the same court. U can contact me for further querries at 9871158578. M from Delhi


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