Exparte divorce
T. Saranvelu
(Querist) 26 June 2010
This query is : Resolved
Sir,
I need certain clarifications on exparte divorce. Kindly go thorough the matter and kindly give valuable suggestions::
I have applied for divorce at District Family Court due mental cruely of wife. Case hearing was happened at Family court
I got EXPARTE JUDGEMENT ie divorce granted.
One day after judgment day, I have received a letter from her (Wife) high court lawyer stated that "petition filled at Hon.ble High court for transfer of the divorce case to her (WIFE) working place and stay order for four weeks for the divorce case is issued by the Hon.ble High court". Actually she (Wife) filled a petition for transfer of the divorce case and got stay at 12 days before the family court judgement day.
That is, the stay matter is not known to me and my lawyer before the judgement day. Besides, she or her lawyer is not informed the stay matter to the family court during hearing. No official court order is not received by me till now.
In that crucial matter, exparte judgement is given during stay period of Hon.ble High court (Stay matter is not known to me or family court).
I kindly asked that whether the exparte judgement is valid or not?, besides reappealing by her for exparte judgement ie 90 days is also already over at family court. Till date no reappealing by her.
Kindly give valuable suggestions and directions.
Yours
Saran
Arun Kumar Bhagat
(Expert) 26 June 2010
Since the stay order was passed by High Court before 12 days of ex-party decree by Family Court, the exparty decree becomes invalid.
Devajyoti Barman
(Expert) 26 June 2010
Yes, the order of stay comes into operation from the date when it was passed and as a result the order for ex pate decree becomes a non est.
Unbiased Advice
(Expert) 26 June 2010
This is the most peatiest aspect of Indian Judiciary, Any Tom,Dick and Harry who can afford to approach High Courts, They can treat the Lower Court Orders as Dustbin or Toilet Papers.
G. ARAVINTHAN
(Expert) 26 June 2010
No exparte decree as on date as the same is stayed by High Court even before passing order
T. Saranvelu
(Querist) 28 June 2010
Sir,
Actually I donot about the stay order for the divorce, Even court order about stay is not received by me. then this will be considered by the Ho.ble high court or not suring trial?. please give suggestions.
yours,
Saran
O. Mahalakshmi
(Expert) 30 June 2010
The High Court has right to give stay against exparte order of the Lower Court. Because the party (Your Wife) has to contest the suit and you have to prove your contention reguaring mental cruelty of your wife. So the exparte order is not valid. My advice is that it is better to settle the matter outside Court.
O. Mahalakshmi
(Expert) 30 June 2010
First of all your wife has to file an application to set aside the exaprte order and thereby she can contest the matter. Reguarding the stay the H.C staying the execution of the decree then the suit is restored by your wife I think that the stay is infectious.
