exparte
vicky
(Querist) 25 September 2015
This query is : Resolved
Respondant did not appear in the court on the first two dates despite of the served summons in MC case. Now court has issued a bailable warrant n given a fresh dates which seems a new phenomenon. It's a divorce case n I thought I wud get the verdict by exparte decree. I am fail to understand why court is going extra mile to bring the spouse by issuing the bailable warrant once the respondant Doesnt want to face charges in court by appearing. Can she escape/ absent in the court despite of this warrant on next coming date?? . I wish she could so that I cud get the verdict soon In exparte. Already it has been 5 months ever since this case started.
SAINATH DEVALLA
(Expert) 25 September 2015
How did U expect to get ex partee in MC case,there is a procedure to be adopted by the court
Advocate Bhartesh goyal
(Expert) 26 September 2015
Court has to follow the procedure,even if you succeed to get the ex-parte decree,it can also be set aside.
Rajendra K Goyal
(Expert) 26 September 2015
Agree with the expert Advocate Bhartesh goyal.
Dr J C Vashista
(Expert) 27 September 2015
Besides the expert advise of expert Mr Bhartesh Goyal, which I fully agree, are you sure that the Court has issued "bailable warrants" against the respondent in a MC case?? Is it true statement that, "given a fresh dates which seems a new phenomenon...." what exactly you wanted to convey and what do you mean??
Ask your lawyer to recheck the proceeding before taking the experts for a ride.
vicky
(Querist) 28 September 2015
I ve rechecked and there is a bailable warrant to respondant issued by court for not having appeared in two notices By the court. Both the notice were served.
vicky
(Querist) 28 September 2015
Until this decision by the court I had a conception that the court Would issue some more notices and finally start the proceedings without respondant presence I.e. ex parte. Is it similar to what happens in other divorce cases?. I doubt.. No
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
Maintenance case under section 125 cr.p.c. is governed by criminal law hence it is not a surprise if a bailable warrant was issued.
Exparte decision will be made in the civil case i.e., divorce proceedings. You can clarify from your advocate on all such further issues.
vicky
(Querist) 02 October 2015
Thanks for clarification sir.. today I jus got a supreme court for stay on d case proceeding in bangalore n consideration of transferring the case to d city of respondant in UP as the respondant to poor n not able to bear the expense to come bangalore. I have a further query.. do I ve to pay the maintenance to the respondant/ wife even if she has worked as teacher in past. Moreover I got her done her BEd after marriage. Her bank account statements is the proof. But how to get her bank account detail is again to question.
