can famaily court can grant xparty without issuing notice?
sampoorna
(Querist) 07 May 2008
This query is : Resolved
respected sir,
since an n.b.w is pending on my husband in the the grounds of dowry harashment case.and he is upscanding till date.can he applay for divorce in some other famaily court of his native place?since i reside in hyderabad and my husband native is warangel can he applay there for divorse.because few wellwishers are telling that my husband got XPARTY in divorse case in the court.but i dint get any notice or sumouns by any court.can court without issuing any notice for me grant XPARTY to my husband.sapouse if he go t it xparty then the criminal case which is pending in the nampally court can be withdrawn and the N.B.W which is pending on my husband can be withdrawn by the court ? if my husband is planing for divorse how can he applay and what is the procedure of it?sir pls help me by clearing my quries
waiting for your kind replay,
thanking you,
sampoorna
SANJAY DIXIT
(Expert) 08 May 2008
Dear Sampoorna,
No Court can proceed the suit/case Ex-parte without the proper service of Summon/Notice to the opposite party.
As you have narrated; Your last residing place as husband & wife is Warangal; Your husband may seek for divorce at Warangal.
If you have a doubt about filing the case at Warangal, you may search the case at Warangal (if filed).
