Divorce suit
Avinash
(Querist) 01 April 2015
This query is : Resolved
i am weak in english.. so if any mistake in writing.. plz try to understand.
History / Background
1.I file divorce suit H.M.A U/s 13 -1 (ia)(b).
2.Court notice sent by regd. post are returned undelivered. (Wife tempered envelope and send it back )
3.The Divorce notice was served in 29/08/2014 and after that court was on 11/11/2014. (newspaper summons notice / publication of notice)
4.DTD : 11/11/2014 wife not appear in court divorce suit.
5.DTD : 08/12/2014 wife applied for more/extra time to file her writing statement by making fails in statement affidavit. [ I am not appear on that time ]
6.DTD : 17/01/2014- file submitted her WS. And i filled two different applications
>>a)in first application i am taking advantage of cpc order 8 rule 1. (wife fail to submitted her WS within 90 days from date of publication and intentionally not appear on 11/11/2014 )
>>b)Second Application U/s 340 of CRPC and asking to court to take action against wife under sec. 177,181,182,193,196,199,200.
7.After that wife and her lawyer not appear/attend court ( next 5 dates to still date)
My Question is :
1. Can I take any action against my wife for non-attendance.?
2. Can I ask to court for ex-parte? If yes. Please tel me section or rules.
ajay sethi
(Expert) 01 April 2015
court would condoned delay and take WS on records . better concentrate fighting your case on merits rather than on technicalities
if wife has not appeared for number of dates draw attention of court to said fact . court may grant you exparte divorce decree .
Rajendra K Goyal
(Expert) 01 April 2015
You or your lawyer may prey the court to proceed ex-party as your wife is not appearing.
Devajyoti Barman
(Expert) 01 April 2015
If her lawyer is also absent for the last so many dates then suit should have been fixed for ex-parte hearing.
Avinash
(Querist) 02 April 2015
can i ask to court for ex-parte under order 9 rule 6 c.p.c?
Thanks To all reply..
Avinash
(Querist) 02 April 2015
can i ask to court for ex-parte under order 9 rule 6 c.p.c?
Thanks To all reply..
SAINATH DEVALLA
(Expert) 06 April 2015
U are saying UR weak in english,but U are well versed in all the sections.Do as per the advice of the above experts.
Avinash
(Querist) 06 April 2015
SAINATH Sir, i am really weak in english(grammar & tense). and Thank's for reply
