Exparte order not yet passed

Ranganath (Querist) 12 February 2012 This query is : Resolved
Advocates,

Family court has set wife exparte but order is not yet paased in the divorce proceeding initiated by husband. The case is adjourned for perusal of records and order. Is it possible for her to enter appearance and seek setting aside of the exparte order.

Thanks in advance.

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Dayananda Gowda (Expert) 12 February 2012
yes. she has a right

Raj Kumar Makkad (Expert) 12 February 2012
Every respondent against whom ex-parte order has been passed, may move an application seeking setting aside ex-parte order and court may, if reasons are sufficiently explained leading to her absence on the particular day, can set aside the proceeding subject to some cost.

M/s. Y-not legal services (Expert) 13 February 2012
surely she can set aside the ex-parte order/decree..

-tom-

prabhakar singh (Expert) 13 February 2012
Not only an order to proceed any case "exparte"but even decree passed "exparte" can be set aside by court at the instance of defendant/respondent who shows a reasonable cause of his/her absence on the date on costs allowed to plaintiff/petitioner.

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