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Naik   21 February 2023

Exparty evidence- uncontested

I am apply the case under H M O P 13(1), 

but my wife was not came before the court with or without Lawyer, now the case was exparty, 

But in the e-court service, they comment " Wife to directed to join with husband to lead marital life"

Under H M O P 13(1) act, , Exparty Evidence, is it possible??? 

Please suggest me

 

 



Quick Summary
This discussion explores the possibility of presenting exparte evidence under HMOP 13(1) when one spouse fails to appear in court. The advice suggests that if the court has declared the case exparte, you can indeed lead evidence through a proof affidavit. The court will then consider the merits of your case. However, a practical note advises bringing your wife to court if reconciliation is the goal.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     22 February 2023

If the court has set her exparte then you can lead exparte evidence by filing your side evidence in the form of proof affidavit.

Once you depose evidence then the court may pass an order accordingly on merits. 

Shashi Dhara   22 February 2023

Bring her if you want to live with her.


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