Ex-parte order can be given without merits??
Raj
(Querist) 24 March 2014
This query is : Resolved
My cousin brother child custody petition is pending before the family court.The Oppoite party has not been appering despite of serving notices.The judge record her non appearance and order for ex-parte order on next date of hearing..IF THE PARTY IS NOT WILLING TO CONTEST the petition, whether judge passes order in the favor of my brother without merits of case ? or it will hear on its merits before passing any order??
ajay sethi
(Expert) 24 March 2014
court will pass an order in your brother favour on merits .
Devajyoti Barman
(Expert) 24 March 2014
Even if the case is heard on ex parte , the court is bound to consider the merit of the case.
Guest
(Expert) 25 March 2014
Merits cannot be ignored. However, since the petitioner has to prove his/her case, the question rises, who is the petioner your brother or his wife?
V R SHROFF
(Expert) 25 March 2014
Merit & end of justice/ equity is vital.. Judge will look into, and pass order on merit only.
T. Kalaiselvan, Advocate
(Expert) 26 March 2014
Though the respondent has been set exparte, the presiding officer of the court will go into the details of the case, after ascertaining the facts, merits,the circumstances that led to exparte decree and the exparte evidence on sworn affidavit by the petitioner, the court will pass the orders accordingly.
