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CrossExam   03 December 2020

Reopen after exparte order

Hello Sir/Ma'am,

                                     Would like to know the time duration to set-aside an exparte child custody order.

Thanks in advance.

      



Learning

 9 Replies

Pradipta Nath (Advocate)     03 December 2020

30 days of decree. 

P. Venu (Advocate)     03 December 2020

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.

Dr J C Vashista (Advocate)     04 December 2020

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 ?

CrossExam   04 December 2020

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.

P. Venu (Advocate)     04 December 2020

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

CrossExam   04 December 2020

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.

P. Venu (Advocate)     04 December 2020

Which court? What is the case number?

Isaac Gabriel (Advocate)     12 December 2020

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.

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better


https://docs.google.com/forms/d/e/1FAIpQLSfb-7gq8lVMUed9PQqkMV3gYCb5TC5WgH5wMKV0uaJB-Rc9yQ/viewform


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