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chandraprakash tripathi (sole propritor)     19 July 2013

How much time will it take to get an ex- parte decree?

i have discussed my case here on this forum,  its regarding custody of my son under guardian and wards act,  section 7,  i am the natural guardian (Father), and my wife she is no more she died because of tb,  custody is with grandparents i.e. parents of my deceased wife, i  have got ex parte order passed  as respondents are not coming on any date, after ex parte order was passed 18-07-2013 was my next date,  but on 18-07-2013 on the pretext that too much case is there,  the magistrate asked my advocate to take another take,  my question here 18-07-2013 was my date,  wasnt my case important, and can magistrate just act like that to ask to take another date?,  now on that date  i have taken a short date of 23-07-2013,  so on 23-07-2013 i will be filing affidavit in lieu of examination in chief in the court, now i want to know is since respondents are not coming, and this is the case scenario how much time i will have to wait for decree?,  ex parte decree is given in short period i know, i stay in nallasopara west and respondents they stay in virar west,  and our  case is filed in vasai court,  when i talked to respondents on phone they said that they have put my son in school and they dont care about court proceedings and will give me his custody when its proper time, can they do it like that?



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 1 Replies

Advocate Ravinder (Advocate/Attorney)     16 September 2013

It may take one month to get exparte decree.  After that you have to wait for 3 months more to complete the appeal period.  After that only your exparte decree will become absolute. 


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