Advice
krishna
(Querist) 04 July 2016
This query is : Resolved
experts
request to know advice. Story attached , now court set July 13 as exparte evidence what is exparte evidence?. as respondent did not turn up till now how relief of costs will be paid by respondent as he is not in India and no property or deposits in his name in India . what is the procedure and can this be appealed in high court and what is duration for appeal in high court please advice
STORY:
my brother married in march 2015 and left back for US in April 2015 . both are Hindus . Wife wanted her to be with him in US brother declined . on Nov 2015 she filed case as NULL and VOID and in petition said to recover expense of court from him a . case was set in Nov , Feb , April , may and now 3 July for counseling . As he left only 10 months back after marriage and on January 2015 only he got job in US find difficulty in getting leave . we arranged a advocate to inform court saying he is on US and requested court to give time till DEC for which it was turned down . Now he will appear only in Dec. He did not appeared for counselling and was set as expartee evidence on 13 july can he get expartie divorce Any sort of compensation to be paid as per court and can that be set aside till he come in December . Even if court advice for payment of money can his relatives approach court for considering in December
Guest
(Expert) 04 July 2016
That means, evidence on one-sided hearing in the absence of the other party. By exparte evidence, the judggment on one-sided hearing may easily go against your brother, being his case undefended.
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Rajendra K Goyal
(Expert) 04 July 2016
Full case file, relief sought, orders of court need to be referred, discuss with your lawyer.
