which section of act deals exparte

RAMJI (Querist) 15 July 2013 This query is : Resolved
In a M.C case at family court, the cross of PW1 (wife) is to be started by RH1(husband)... though resp has been ready, PW1 was asking for time and same was also granted by court.... now all of a sudden, the Pettioner REMAINED ABSENT FOR THE LAST 2 CONSECUTIVE HEARINGS ....my questions are as below
1. will the court on its own will set exparte?

2. Should the respondent Press for setting exparte verbally ?

3, Is it necessary to file a memo to honble judge.... putting down facts on absence of pettioner and requesting for setting exparte?.. if so SHOULD WE MENTION THE SEC NR UNDER WHICH MEMO IS FILED FOR SETTING EXPARTE...

4. Is there any specific rules /section dealing with SETTING UP EXPARTE in Family courts Act or CPC /CrpC /others etc..., if so please tell the section nr... ( on the contrary.. i am aware that Order 9 Rule 13 CPC deals with SETTING ASIDE EXPARTE....NOT SETTING UP EXPARTE...)my QUERY IS WRT SETTING UP EXPARTE....

5. Any other views /answers/suggestions pls

Thanks & Regards
RAMJI

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