Exparte benefit given to wife. need your help
false_case_victim
(Querist) 18 August 2013
This query is : Resolved
I have a question regarding Ex-parte in Divorce
Husband given legal notice to his Wife asking for mutual divorce.
Wife didn't respond to it.
Despite giving response to his husband's divorce legal notice,
After 4 months, Wife filed a Divorce asking for 50 laks of alimony.
and husband received court Summons.
As the Husband is blindly dependent on his Divorce lawyer, didn't attend the court for 3 times and 4th time when husband has attended the court, hiswife is benefited with Ex parte.
Judge has not accepted for set aside petition filed by husband's lawyer nor his requests/explanations.
In this regard , Can you tell me what would be the next steps to do by my friend or his lawyer?
And what bout the alimony part?
Kindly help Sirs.
false_case_victim
(Querist) 18 August 2013
I forgot to add one point here. Husband is asked to file all the three petitions ie., vakalath , set aside petition and Counter petition on next adjournment day.
And he told wife is not needed to attend the court.
What does all this mean?
prabhakar singh
(Expert) 18 August 2013
Despite being advocate you are unable to express about progress of a case or proceedings taken therein is a sorry state of affair.If you are brand new, you need training of a senior and should not start playing with fate of clients.
Take help of someone else to post the query on your behalf who knows to read and write and can express your facts in intelligible manner.
Or else visit a senior locally with brief.
Devajyoti Barman
(Expert) 18 August 2013
You can either challenge the ex parte order in the same court or can go to the high court in first appeal.
ajay sethi
(Expert) 18 August 2013
move the high court for setting aside exparte order . you cant trsut your lawyer blindly . husband ought to attend court on each date .
R.K Nanda
(Expert) 18 August 2013
agree with experts.
prabhakar singh
(Expert) 18 August 2013
Have you not read in very first post Mr.Barman that suggests even restoration filled has been dismissed.
"Judge has not accepted for set aside petition filed by husband's lawyer nor his requests/explanations."
He is a face in disguise.Not any friend's matter.
false_case_victim
(Querist) 18 August 2013
Thank you very much.
I am not in any disguise sir. Iam just a victim of false cases and my friend is also following the same path but he is an internet illiterate. that's why I posted on his behalf and checking the responses.
Thanks once again to all senior advises..
Nadeem Qureshi
(Expert) 18 August 2013
agree with experts, nothing left to add
Raj Kumar Makkad
(Expert) 18 August 2013
You have done a god job and now after becoming clear on all relevant points, you can easily guide your friend.
Raj Kumar Makkad
(Expert) 18 August 2013
I am not against your right to raise the query even on behalf of your friend.
false_case_victim
(Querist) 18 August 2013
Thanks a lot Raj kumar Makkad sir for your understanding and support.
Can you please let me know your advise too on our following query:
Husband didnot attend the court for 3 times and 4th time the wife is benefited with Ex parte even though respondent's appearance is there.
Judge has not accepted for set aside petition filed by husband's lawyer nor his requests/explanations. But as per my friend, Judge finally told to file all the three petitions ie., vakalath , exparte set aside petition and Counter petition on next given adjournment, all at once but given the husband with 2 months time period.
1)we wanted to know what is this status of case about?
2)Do you also suggest us to rush to high court?
or
3) Any other advise?
Sanjay K.Dhar
(Expert) 20 August 2013
You have confused your self.It is so simple that in case court has not accepted the plea of setting aside expartee judgment, assail the order and judgment by filing an appeal before the High Court.When a judgment has been passed in expartee question of filing the counter claim does not arise at all.
Guest
(Expert) 21 August 2013
Prabhakar ji,
We cannot expect a student, who is required to solve his class-room exercise, to express about the progress of the case, when it is merely an hypothetical academic problem of a law student.
Guest
(Expert) 21 August 2013
Barman ji,
His query is not resolved, as he has not yet found academic solution to an academic exercise by quoting relevant sections of law along with the desirable future course of action for such type of a case, had that been actually there.
prabhakar singh
(Expert) 21 August 2013
Yes!Dhingra Ji!Many querists are utilizing every chance to ride on us.
Guest
(Expert) 21 August 2013
Mr. Hrithik,
Actually you need to be quite attentive in your classroom modules along with proper study of law books and case laws seriously, if you want to be a successful lawyer.
By posting such an academic exercise as a question and a series of supplementary questions here, you would not be able to find an appropriate answer to be written in academic style to get pass marks or grade.
You could better have posted your own views, as based on your own studies, along with the academic question, and would have asked the opinion of the experts about correctness of your answer.
V R SHROFF
(Expert) 21 August 2013
agree with experts, nothing left to add
EXCEPT xxxxxx
THAT MY Ld EXPERTS should have noted
This is a product of fertile imagination of a STUDENT. a ACADEMIC.
If it is not a fiction. Mr. Hri Law student may pl Quote the case number and court please , or inform the fact, for wasting time of so many experts:
Guest
(Expert) 21 August 2013
Prabhakar ji and other respectable experts,
We try to solve problems in good faith taking the queries as real problems of the needy persons. But students try to take undue advantage of our generosity and post their original class-room exercises without even bothering to express their own views to show what according to their own studies should be and what the experts can say to guide them, if they are wrong in their perceptions.
Evidently, they want readymade answers from the experts just to hoodwink their class teachers, as if their answers are based on their own studies,
prabhakar singh
(Expert) 21 August 2013
You are very much right Dhingra Ji.
Devajyoti Barman
(Expert) 21 August 2013
Academic queries should always be avoided.
Guest
(Expert) 21 August 2013
Prabhakar ji,
Thanks for endorsing my views.
Advocate Ravinder
(Expert) 28 August 2013
It is funny that even a lay person can frame the query in a neat manner. Being the law student he cannot frame a simple question.
With regard to answers of the experts I completely agree.
