Ex-partee
Querist :
Anonymous
(Querist) 31 August 2011
This query is : Resolved
Hi
I would be thankful if you could advice me on this.
My sister was married to NRI and after that due to complications, the boy and his family left to Canada without informing us and leaving my sister behind. Before leaving, they have sent my sister to our place citing the reason that she is not keeping well.
Finally, we got ex-partee divorce and its now nearly an year of getting ex-partee. The party never appeared even after serving notices. We have boy's ex-company address as well as present company.
But I have heard that boy's family may challenge this ex-partee in high court. One year is nearly over for partee. What do you suggest could happen and what shall we do/
M/s. Y-not legal services
(Expert) 31 August 2011
If you have that doubt mean, just file a caveat petition before your high court for support your exparty decree. If they try to challenge your exparty mean automatically high court will issue notice to your sister. I mean without heard your side court can't grant any interim orders regard this.
M/s. Y-not legal services
(Expert) 31 August 2011
If you served the notice in your sister's divorce petition mean need not to worry about it..
Advocate. Arunagiri
(Expert) 31 August 2011
If you have done all the formalities required for summoning the other side, it is deemed that the other side is intentionally avoided their appearance. Your exparte divorce is legally valid. The husband can challenge it, but it will be a very weak case.
I suggest you to proceed in setting up a new life for her.
All the best to your sister.
Guest
(Expert) 31 August 2011
Let them challenge the case. Their diappearance without informing your family and even your sister and not responding to your notices, itself would be ample proof of their unwillingness to honour the marriage and some ill-will of their minds.
Querist :
Anonymous
(Querist) 31 August 2011
Hi- thanks all for your suggestions. My sister's husband was an NRI and when my sister was there at her in laws place in India, she was sure about his company address and residence address in Canada. However, after their whole family eloped, we came to know that he changed his company as well his residence in Canada. Somehow, we located his new company mail address and sent their the notice. But the address was based on what information we got. Moreover, we also sent the notice to his email address ( we are sure about his email address because previous communication happened thru this email id). In this age, is email a valid way to send the notice?
Also, we have made his sister one of the accused ( settled in Mumbai)but she also evaded any of the correspondence.
It was a nightmare for us.
We also informed woman commission and all the police stations.
What's your opinion?
thanks
Advocate. Arunagiri
(Expert) 31 August 2011
Email service has to proved. You said that you have sent the notice to his address.
What is the status of the post?
How the court had recorded the service of notice and ordered exparte?
prabhakar singh
(Expert) 31 August 2011
By email ,the proof in your control is simply that you sent it and that it was served and not that it can be a manipulative address and not it did not spammed ,several questions????????????????????????/
try to serve via embassy.
Raj Kumar Makkad
(Expert) 31 August 2011
Nothing remains now. Do not be confused. Proceed about future life of your sister. You get his re-marriage at the place of your choice without caring much. You can do only one thing. File a Caveat before High Court, meant for future if husband of your sister files any appeal then no ex-parte order shall be pronounced.
Querist :
Anonymous
(Querist) 02 September 2011
Hi all
Thanks for the suggestions.
However, we used all the means to send the notice.
1) Through postal address-
2) Through e-mail- Bride use to contact us earlier on this email id on which we sent the notice.
3) Through embassy
As the family absconded without telling us anything or my sister going to canada even once, all the addresses we tracked through previous knowledge or through contacts given by bridegroom's colleagues and relatives.Though we are sure about these addresses, but at some level there is uncertainty because their family kept everything hidden from us and simply absconded.
3 years are over when the family deserted my sister and went to Canada, and 1 year for ex-partee divorce.
So please tell me, when the family has absconded and there is no means to track their exact whereabouts ( residential address or office address), how long we need to suffer because of their evil tendencies. If the guy and the family would have thought about this marriage, they would have contacted us and not just disappeared.
Thanks
Advocate. Arunagiri
(Expert) 02 September 2011
How the court had recorded the service of notice and ordered exparte?
