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shriks........... (healyhcare)     05 February 2013

Will it be ex-partee????

1.) rcr+125crpc by wife in family court, divorce by husband in sessions court same district and same jurisdiction.
2. in WS  of rcr filed by wife, husband contested saying ready to co habitate but wife deserted and thus filed divorce on desertn n mental cruelty...........wife wont co habvitate thats sure...
3. in divorce wife appeared on summon but not later dates......
4. question here is as NO SAY passed against wife and verification of affidavits filed by husband completed...
is this case going for expartee??????????


 8 Replies

shriks........... (healyhcare)     05 February 2013

wife can still contest the order?
if she not ready for co habitation, stil can she contest and prolong ????

Msk-need -nuetral- laws (self)     05 February 2013

yes, she can still contest within 90 of days of the knowledge of expartee

Adv.R.P.Chugh (Advocate/Legal Consultant (     05 February 2013

Yes. Even in ex parte just because the other party does not contest - would not entitle the petitioner to relief, the court has to still independantly examine whether a case is made out or not. Petitioner has to enter witness box and depose and tender all evidence. Following which ex parte decree may be passed, which can be sought to be set aside within 30 days (this period can be extended) or appealed from within 90 days. 


Bharat Chugh - Advocate Supreme Court of India

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siranjeet (JE)     05 February 2013

Originally posted by : Mani-need -nuetral- laws

yes, she can still contest within 90 of days of the knowledge of expartee

 she can go for set aside exparte decree u/o 9 rule 13  of CPC with in 30 days after knowledge or after passing of ex parte decree

but she can file appeal in higher court within 90 days

 EX PARTE  decree has same value as contested decree untill it is set aside pb and hr high court

1 Like

Rahul Kapoor (Legal Enthusiast)     06 February 2013


her lawyer is also not comming ?




Raj (fr)     06 February 2013

what will be the situaton if she "refused" to accept the first summon registered letter and the same letter from family court was returned for this case will the court send the summon again or will hear the case and give decree.



shriks........... (healyhcare)     07 February 2013

even after ex party if she brings set aside orders then again case goes for contest???????
meanwhile in sec 9 hma if i agree for cobhabitatn at isolated place in rural village where im sure she wont come,
wat would be the stand of the cases??????

shriks........... (healyhcare)     11 February 2013

1.if wife contests div. case denying allegations should i press for co habitation if she denying my divorce and take her to my place of residence in an old village mud house as she wont come thats for sure
2. should her writ statem would be recorded or her say would be recorded?????
3. she wont co habitate im sure so would tht prove desertion?????
4. she jus appeared on day1 after summon......a no say order passed against her and a no cross order would be passed against her in next hearing.... also charges would be framed by magistrate in next hearing as my verification over...
5. will my say for cohabitation in rcr filed by her would count to denial and dismissal of my petition of divorce??????/

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