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estranged wife (Housewife)     16 July 2017

Proceed exparty order can be set aside how many times?

Husband has filed Divorce in Family court Jaipur.

 I have filed RCR in Family court of my parents city.Summons were served upon him by post and through Family court of his City.8 months passed in this process.Even than he did not appear.Than my file was transferred to Fast track court.Honourable court passed order to "proceed exparty".On the date when I was to give exparty evidence a lawyer came and gave application that husband wish to contest so Hon'ble Court gave date of one month.On next date husband came and gave application to set aside the proceed exparty order.His application was accepted after imposing fine of 1000rs on him.On next date he came and submitted WS.After that he remained absent on the next 5 dates.I submitted written evidence in his absence and his lawyer accepted copy.Even after that he did come to cross examine me for next 4 dates.Than the  Hon'ble Court passed order of "last chance for cross".He did not come even on that date.Than Hon'ble court passed order to proceed exparty and for exparty argument.Finally after remaining absent on 10 dates he came and gave application to set aside the "proceed exparty" order.I gave written objection.When Hon'ble Court was listening to arguments husband lost his cool and asked the Judge in a raised voice as to why he proceeded exparty when his lawyer is coming on his behalf. Hon'ble court noted in order sheet that the application will be disposed on next date.When I went on next date I was told that Hon'ble court of Fast track court has written letter to transfer my file to Main family Court as husband has misbehaved.Nothing happened on next two dates and after delay of 2 months Principal Judge of Main Family Court has ordered for my file to come to the main Family Court.

My lawyer as well as other lawyers of my city are telling me that again "proceed exparty" order will be set aside as this is the practice in my city's Family Court and in Family Court a person can do this atleast 4 times.Is this the usual procedure in Family court ? It has been two years and no progress is being made in my RCR Case :( :( :(. I am dreading that the vicious cycle will start again...he will come,get exparty order set aside and again remain absent on next 10 dates and than again appear once and again same cycle...i.e. 2 more years before he will cross examine me..:( :(...I go on each date and it is really frustating....



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 8 Replies

Siddharth Srivastava (Advocate)     16 July 2017

Your husband seems to misusing the process of law. As such does not restricting such applications but you can oppose the application pointing out the practice adopted and misuse of process of law. Donot get dishearted. Courts are there to do justice. There are judgement in support of your case so use the judgement to get application dismissed. Best of luck. 

1 Like

Kumar Doab (FIN)     16 July 2017

Subsequent to above advise:

Prefer to engage a very able local senior counsel of unshakable repute and integrity specializing in Family matters....

1 Like

Ms.Usha Kapoor (CEO)     17 July 2017

yOUR HUSBAND'S  ATTITUDE IS NOTHING BUT  ABUSING THE PROCESS OF COURT ,TIME AND MONEY.

Dismissing an appeal of a woman who sought right to lead defence in a family dispute, a sessions court here cited her repeated non-appearance during proceedings and said no one can be permitted to abuse the process of court by delaying tactics

sessions court rejected the appeal of the woman, a south-Delhi resident, against the order of a magisterial court denying her the right to lead defence due to her repeated non-appearance in court and failure to pay costs imposed upon her.

“I have gone through the copy of the impugned order which categorically reflects that despite availing several opportunities, the petitioner (woman), who is still stated to be residing in the Unites States due to her official work, had never bothered to come to the court to depose even on a single occasion.

“The conduct of the petitioner is self-reflected from the impugned order and it is also the settled preposition of law that no party can be permitted to abuse the process of court by indulging into such dilatory and delaying tactics only with the sole intention to cause harassment to other party,” the judge said.

The court upheld the magisterial court’s order saying that it did not find any illegality or infirmity in that order warranting any interference. “Hence, the revision petition is dismissed,” it said.

The woman had filed the petition challenging the magisterial court’s order by which her right to lead defence in a case against her husband and in-laws was closed.

# Dalip Singh V. State of U.P & Ors (2010)2 SCC 114

# Amar v. Union of India & Ors. (20011)7 SCC 69

# State of Uttaranchal v Balwant Singh Chaufal & Ors. (2010) 3 SCC 402).

Access jurisprudence requires Courts to deal with the legitimated litigation whatever be its form but decline to exercise jurisdiction, if such litigation is an abuse of the process of the Court. USE THE ABOVE CASE LAW  WHICH PASSED JUDGEMENTS OVER ABUSE  OF PROCESS OF COURT AND GET YOUR HUSBAND'S   SET ASIDE EXPARTE ORDER APPLICATIONS DISMISSED.

1 Like

estranged wife (Housewife)     17 July 2017

Thankyou so much Ms.Usha Kapoor for these judgements.....Godbless....

 

Ms.Usha Kapoor (CEO)     17 July 2017

Dear eastrANGED WIFE,

                                        _PlEASE VISIT MY HUSE in hYDERABAD. i NEED YOUR HELP AND BLESSINGS. MY EMAIL ADDRESs is  : ushakapoor310@gmail.com/.. I've sent you  3  PMS also. Please check them ansd respond.

Kumar Doab (FIN)     17 July 2017

Thanks for sharing in the forum Ms. Usha Kapoor.

estranged wife (Housewife)     29 July 2017

After giving application to set aside the exparty order neither husband nor his lawyer turn up to argue on their own application on date scheduled so his application was rejected.A date was set up for exparty argument and he did not turn up even on that date. Today exparty RCR order was passed in my favour by The Hon'ble Judge of Family Court...:)))))

Thanks to all of you for replying to my query...

1 Like

Kumar Doab (FIN)     29 July 2017

Wish you the best.

1 Like

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