Divorce case given experte and decree has been passed
Debjani
(Querist) 17 July 2008
This query is : Resolved
Sir/
i am wirting on behalf of my sister, she hasbeen married to an army personal, presently working as ADCto the governer of Raipur( Chhatisgarh) at the time of marriage it has been agreed that she will will be working at the places as per her posting , she is working as manager,but when husband become ADc he wanted her to join immidiatley, but as she is holding a responsible in private sector, she cannot move, as the Husband is an Adc he file a case of divorce putting false aligation on her, she was having a small kid of six month and he was around two to three months when the case was filed so she was unable to move to attend the court in raipur, we filed a petation was filed in supreme court for the transfer to case to pondycherry, but before the date of the supreme court the judge ther given experte and pass the order, so we want whta to do now, it is very very urgent as the order is passed on 1.07.08. please give us the needful suggestion otherwise he will will be just resque, as he is an adc so he may use his power, i have a small baby, i have to take his care, i am working in private company, my hauband never helped me with a single penny when my baby was born, and what he did he filed a case.
Thanks waitnig for your soundful siggestion.
Debjani
(Querist) 17 July 2008
This massage is very very urgent for ur sound suggestion
Prakash Yedhula
(Expert) 17 July 2008
you can always file an application to set aside the exparte order passed in the divorce petition and see that the order is set aside. Otherwise the transfer petition before the Supreme Court of India will become infructuous
Srinivas.B.S.S.T
(Expert) 17 July 2008
File a petition immediately in the court where the divorce has been filed to set a side the exparte orders. Dont worry order of divorce granted exparte can be set a side by showing a valid ground.
SANJAY DIXIT
(Expert) 17 July 2008
Case for setting aside the ex-parte decree may take some time in disposal; so also file an application along with the set aside application for stay of ex-parte decree till the disposal of the case.
Debjani
(Querist) 17 July 2008
Dear sir, our lawer went there to file the petetion on 24th to set aside the ec- perte oreder, but the judge there in raipur family court rejected both the apllication as well as vakalatnam,then again she told that it has waiting for the reply from the opposite side and when they came to know about that we have a petetion pending in supremecourt and date was 7th july and the judge pass the oreder on 1st, it was jsut the manipulation as the fellow is ADC to the governer,so please suggest us sir now our council is saying to file a petation in high court in bilaspur but we donnot have trust on him as we paid him the money but in the order sheet it is mentioned that he was absent, please suggest us it a matter of a lady, we have full faith in the council of india and advocate every body is not like that, as the girl is staying in pondy, please suggest us any good council who can guide us as we donot have time to file the case in high court it is only 30days time out of which 15 days has allready been passed. if some body want the copy of the oredr we can send.
Regards
Srinivas.B.S.S.T
(Expert) 18 July 2008
Madam One thing i want to make it clear to you that please never make an allegation against your counsel. You dont know how much pains an advocate takes to putforth a case. Who in this world will take your burden as of his and fight before a redressal agency such as court. The facts given by you are not suffient to know what has happend there and what steps to be taken. Please be specific and try to send the facts in toto.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 18 July 2008
tell me, whether the genuine reason for non-appreance were shown in the application to set aside the ex-parte decree. if yes, then now u have to move the High court, for appeal against the rejection of the application. u r having the valid grounds.
Sarvesh Kumar Sharma Advocate
(Expert) 18 July 2008
send the details of the court which gave the ex-party judgement.i think it should be dicided by the jurisdiction of Hon.civil judge,and if it is so,then you can go to the Hon. District Judge and file a appeal with the ordrer of the Supreme court as well as copy of the ex-party order and the rejection order of sec 24(set aside)and pray for the stay on the ex-party order till the court does not hear your version.
mahavir singh
(Expert) 18 July 2008
Debjani see as her hubby is ADC to governer doesn't means that he can influence the court or lawyers.as far as divorce decree is concerned ie. ex-parte order passed by judge at raipur,it can be set aside by using skill & valid grounds.most important point is that have u received any summons from from raipur cout before passing ex-parte decree.i want to know whether service of summons was effective or not.i suggest you to move an application in high court for setting aside the decree after finding lacuna in the decree.you can also file petiton for maintenance in respctive courts.
