Ex Parte Proceeding and when Interim visitation Pending

1. she can apply for copy7 of the ex-parte order

2. she can file in Family Court itself

3. if short date given, proceedings can go, but she can file application any time

4. interim order is on hold till it reaches finality, but it has to be extended then and there

5. if she file application to setaside exparte, then that will be taken first

Sh. Vijay ji,

Ans to your vaious que. as follows;

1. Whether resp/wife is still liable to receive copy of any applicaiton filed by petitioner.
Ans.: During ex party proceedings you need to give copy to court and proceed with ex pary proceedings

2. Can resp/wife still file applicaiton in family court to set aside order of ex-parte or has to go HC.
Ans.: Yes she can file in same family court set aside Order and/or file before HC where sinc it is family court matter a division bench will hear her say after notice to you.

3. In case a short date is announced for hearing on my urgency application , will judge also serve notice to resp/wife or shall it be between me and judge now to prove the case.
Ans.: Since short date is asked for a specific purpose you need ot bonafide that purpose and then proceed ex party.

4. What is fate of interim applicaiton u/s 12 of interim visitation application which was supposed to be on order as the arguments were deemed over as resp/wife has not submitted any of her reply to Written Argument.
Ans.: IA will be taken ex party first for which you need to press for the same before taking any other matter. However since PJ cn make its own Rules as per FC Act so it will not be abise of process of court if the Ld. PJ decides to merge IA of S. 12 GWa into Main suit and decide ex party to save precious time of court. In whihcever case you will always be benefitted based on the strengths of Affidavir Evidence and Witness Proofs Affidavits or callign them on Board.

5. Opinion required as if the case is lead for evidence which may further take 2 or three months, hence interim visitaiton needs to be ordred first.
Ans.: for Interim Visitiation as the case is on ex Party status witness / leading evidence are not required. Based on strength of plaint on Interim already material of record court is at liberty to decide IA first on compasionate grounds. Here execution of it may pose problem !

All the best.
Rgds.

I have a similar case whereby the wifee dear abduceted the child who was studying in a good school in Noida... she was abducted ..removed frmo school ...admitted to another in DEhra Dun ... and wifee dear is back teaching inthe same school ...keeping her daughter way in Dun....now she has filed for child custody ... it ha been over 9 mths ....as in the case of Gunjan, wifeee dear used to work.spend time from 8 to 8 pm in office. The child has no where to go.. so she used to go to her office ...so from 7 am in the m orning  to 2 pm in school .. and frmo 2 pm to 8 pm in office withut any washing, relaxing or proper lunch...in school clothes ..no games in the evening ...only thig she could do was keep doing her homework......the entier day my child spent her day in office...the child becase naggy...lost health. Upon my raisnig the issue ,,,wife dear threatend ...etc

Now she has filed a child custody in dehra dun while she lives in NOida and work here.. the child --i have not been allowed to meet for last 8 mths ...the child wants her belongings back..toys, books, tirnkets games,

Isnt the jurisdiction wrong ... so can I file another case here in noida for child custody??

OR SHUOLD I CONTEST THE JURISDICTION THERE ITSELF IN DEHRA DUN  OR STILL SHOUDL I MOVE SUPREME COURT FOR TRANSFER OF CASES BACK TO NOIDA???

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