Ex-parte Divorce
Dadi Uma Mahesh
(Querist) 02 February 2010
This query is : Resolved
If the Respondent did not respond even after 60 days of Summons being served and after acknowledging the receipt of Summons,
Que.1.What happens on the First Hearing of Bench, in the above mentioned situation, is it the Judges prerogative to grant Ex-Parte or respective Lawyer need to move Ex-Parte request?
Que.2.If Ex-Parte is Granted, how much time does the Respondent get to apply for setting it aside in the High Court or even in the same Court?
Raj Kumar Makkad
(Expert) 02 February 2010
1. It is the procedure and lawyer should be vigilant enough to his case.
2. 30 days from the date of knowledge of such ex-parte order.
Parveen Kr. Aggarwal
(Expert) 02 February 2010
1. In case the resondent does not appear on the date of hearing fixed despite service of summons, the court is to proceed against him ex parte even without any request from the lawyer of the petitioner.
2. In case the petition is still pending and not disposed of, it is the same court which can set aside the order proceeding ex-parte and no time limit is prescribed therefor. Only the person applying for setting aside the order will have to show the sufficient cause for his non-appearance. However, the petition is allowed ex-parte and the case finally decided, the person aggrieved therefrom may apply within 30 days (Article 123, Schedule of Limitation Act, 1963) from the date of the decree. In case the applicant alleges that summons or notice was not duly served on him, he may apply within 30 days from the date when the applicant had knowledge of the decree.
In case appeal is filed before the High Court against an ex parte decree,it is to be filed within 90 days from the date of decree (Article 116(a), Schedule of Limitation Act)
