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Anon P. (None)     26 September 2021

If case goes exparte will court consider evidence we submit?

 Wife filed false DV Act case as well as Divorce with false allegations. Court sent summons but couldn't go due to lockdown.

Court is far away so unable to travel or find someone there.
So, we have sent a written statement of facts along with the evidences to the Court. Would the case go for exparte?

1. If case goes to exparte would Court take into consideration the exhibits and written facts we have already sent to Court?

In their petition they are asking for exorbitant amounts even though she is working and earning high salary. They are also lying that we took lakhs of rupees, which is false, so they have no proof.

2. Would the Court grant whatever amount Petitioner asks?
Or does Court give maintenance/alimony as per their standard norms?


 9 Replies

Pradipta Nath (Advocate)     26 September 2021

In family court the case was filed?

Shubham Bhardwaj (Advocate)     26 September 2021

Dear Sir, Although it is difficult to answer your query due to it being of a very practical nature and with lots if and buts However, I have tried to answer, in substance, to the best of my ability. Please note the following with regard to your query:- 1. In a civil case, the physical appearance of a defendant is not compulsory and the advocate of the party can appear on all dates. The physical presence is made by a party only if court specifically wants his presence. However, in a family court representation by an advocate is not a matter of right and is subject to discretion of court because family court's first objective it to get the matter settled amicably. In your case it is possible to be represented by an advocate as there is a practical difficulty. 2. If you have sent written statement and evidence, there is a good chance it will be considered while passing judgment. You may also refer to Daily orders of court on E-courts website. If your written statement is taken on record it will be mentioned in the daily order of the court (also called gimni order). 3. However, I must advise you to hire a advocate otherwise you will not be properly represented. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.
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Anon P. (None)     26 September 2021

Yes, it was filed in family court. If case goes to exparte would Court take into consideration the exhibits and written facts we have already sent to Court? We may not be able to attend hearing.

Pradipta Nath (Advocate)     26 September 2021

Then you should have opted for virtual hearing. Our family court are very user friendly and virtual hearing is often accommodated in this pandemic.

Anon P. (None)     26 September 2021

This family Court does not have virtual hearings. If case goes to exparte would Court take into consideration the exhibits and written facts we have already sent to Court?

Pradipta Nath (Advocate)     26 September 2021

Whether you have submitted affidavit to that respect? Please do consider representation through an Advocate.

Anon P. (None)     26 September 2021

We have written it in Counter form referencing Exhibits which prove case is false.

Pradipta Nath (Advocate)     26 September 2021

Which State you belong to? I mean what is the Family Court Rules applicable over there?

Kawmini Liyanage   27 September 2021

Dear Sir, After going through your query I would advice you on point form for the easiness of preference. 1. A case can be determined to be heard ex-parte mainly if the opposing party is not responding within the stipulated time period. but there are exceptions for this rule. It would be much easier to give an opinion if you mention the State where the case has been filled. 2. Presence of the parties are not mandatory if they are represented by their advocate. And only needed when the court requires to ask questions from such party. 3. besides due to pandemic situation most of the courts favors online hearing. Therefore it would be advisable if your advocate can make a motion for an online hearing stating that due to unavoidable circumstances has prevented you from physically being present at the courts. 4. Regarding the the Maintenance / Alimony; Court does not permit the exact amount the petitioner requests unless the amount is properly justified. considering their earnings, ownership of property, existing living costs etc. And it would be vice if your advocate can plead for an online hearing as I above mentioned, hence on behalf of you can file objections on the claims made by the petitioner. 5. If the case is already take in to ex-parte hearing you can make an appeal stating the reasons why you couldn't attend and to set aside the judgment.
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