suresh 22 January 2016

What to do in case of ex-parte??

Dear all,

I need immediate help or suggestions from anyone or any laywer.

Actualy my wife leave my home & file divorce case in her parental home ,although i have file RCR over where i stay, but due to some mis-communication between my advocate or some how i became an ex- parte over their(i missed to attend 2 -3 hearing over their).Now they take dates as per their ease.initially they agree for mutual consent now they didnot respond for mutual, they told that we need to wait till 1 year after that we think. they just harres us by saying that u r now ex parte etc etc.

so here are my some queries:-

1) what is procedure to come in again in party with them in court. is it advisiable or not??

2) suppose i dint go on next hearing then is is possible that court will give her divorce with huge alimony without my consent.

3) or should i appear on court on next date with application to become in a party?

4) what should i do in this case plz suggest asap.

Thanks in advance...

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5 Replies

Sidharth 22 January 2016

Your 3rd option is the answer of your question

Vijay Raj Mahajan (Advocate) 23 January 2016

Get the ex-parte proceeding order set aside by filing application under Order 9 Rule 13 CPC and let the case be taken up with your defense and decided on merits so that no adverse order with regard to Alimony/Maintenance be allowed for the wife along with the decree of divorce.

suresh 23 January 2016

Thank u very much sidhart & vijay sir

suresh 23 January 2016

Here I have one query vijay sir already I have filled RCR under section 9 over where I stay still I have to again filled RCR ?? If so is it fresh application & consider as a new case or it will be continue to old case where I became ex parte?? As u mentioned that I have to go wid application under sec 9 so can I put the same RCR copy over here which I was filled over my place??