Civil Procedure Code (CPC)

Lower court decision of ex-party


Dear sirs,

My wife parents filed a case against divorce on ex-party. I received a summon on 10 march and date was 06 april and I reached on date but as soon as i reached thee,  out side of court i got a call from home of emergency and I had to come back and it was first time when i reached court after receiving summon. But when i made a call to second party lawyer she replied that on receiving of your summon after 25 days divorce has been done. Can I go for appeal in low court or session court and will there be any penetly not to attend date of appreance. Pleas guide me I am upset.

Raj 

 

 

 
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Secunderabad/Highcourt practice watsapp no.9989324294

Go for appeal.

Procedure

You may start the appeal process by filing a Notice of Appeal with the family court before a specified deadline under state law. This is often 30 to 60 days from the date you receive the original order. In the notice, you need to provide basic information about the case and have a copy delivered to your spouse. After you file the appeal, the court typically requests that you obtain and file transcriptts of any hearings the family court held; you may also have to file a written brief explaining the basis for your appeal, followed by an oral argument. The court will then issue a ruling, either affirming or reversing the lower court, or remanding the matter for retrial. The appeal process can take up to a year to complete. However, an expedited process may be available if you can demonstrate that harm will result in delays.

 
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RETIRED JUDICIAL OFFICER

You have to again appear before appellate court and get set aside order placing you ex parte by appellate court. Then you have a chance to take part in the proceedings. Show the Court the genuine reasons for not appearing on last hearing. 

Draft petition/legal notice will be prepared by me on payment of professional nominal fees, you may approach management of this website for further details.  

 
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