Reopen after exparte order

30 days of decree. 

You also have option to seek custody through a fresh petition if there is change in facts and circumstances and thus another cause of action.

Originally posted by : CrossExam
	Hello Sir/Ma'am,                                      Would like to know the time duration to set-aside an exparte child custody order. Thanks in advance.

Mr. / Ms CrossExam,

What is your locus standi / concern to the case ?

Why was the Court compelled to pass an ex-parte decree, especially in child custody case ?

What is the opinion and advise of the lawyer engaged/ paid by the party you intend to represent ?

Sir, thanks for your reply. Wife filed the custody case just before covid. I engaged a lawyer, but before even submitting my affidavit, covid has started. Two months back judge passed exparte order. Court is 150 kms away from my native, so my lawyer couldn't travel due to covid. Recently I came to know that exparte order has been passed. My lawyer doesn't want to travel 150kms, so I need to find another lawyer. In the meantime, just wanted get an opinion from experts. Can I set aside the exparte order after two months? Please advise. My wife is not allowing me to talk to my daughter. Can I bring this to court attention and request court to pass an order regarding this?  During the cross examination, can I talk to my daughter? Please advise.

It could be that the information you have received is wrong. Nowadays, Courts seldom decide any issue ex-parte. Please verify from e-Courts.

Sir, mahila court cases are not available in eCourts. So my lawyer went and checked court records and confirmed that exparte order has been passed.

Which court? What is the case number?

Any order pssed during covid, can be re-opened.Engage another lawyer to file Applicatio to set aside the ex-part order and re-open the case.

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