restoration of ex -party devoice after 110 days.
Querist :
Anonymous
(Querist) 09 March 2010
This query is : Resolved
Dear sir'
i have got ex -party devoice at family court lucknow, after 2 years.
Now, she is trying restoration of ex -party devoice after 110 days.
1). weather restoration application against ex -party devoice after 110 days is mentinable or not.
2).where she can file family court/district or high court?
3). what should i do to save my self from this cancer which is coming again ? stil I have not got Decree of divorce and re marriage. I have already been paying/giving 125- crpc mantinance Rs. 7500/- per month.
pl. suggest me.
Parveen Kr. Aggarwal
(Expert) 09 March 2010
When the respondent has been proceeded against ex parte and final decree granted in favour of the petitioner, the respondent may file an application under Order 9, Rule 13 of the Code of Civil Procedure, 1908 praying for setting the order whereby he/she was proceeded against ex parte as well as the final decree. The limitation for filing such an application is 30 days from the date of the decree or where the summons or notice was not duly served when the applicant had knowledge of the decree (Article 123). The applicant in such an application is obliged to prove that the summons was not duly served on him/her or that he/she was prevented by any sufficient cause from appearing when the suit was called on for hearing.
Howevever, if an application is moved after expiry of the prescribed period of 30 days, even then the Court can entertain the application after condoning the delay provided sufficient cause is established by the applicant.
2. Application can be filed before the Court which passed ex parte decree. Any person aggrieved from such a decree may also file an appeal against ex parte decree before the Court to which appeal lies.
3. Contest the application whenever filed by your wife.
adv. rajeev ( rajoo )
(Expert) 10 March 2010
If reasonable grounds are shown ex-parte order can be set aside, if still the petition is pending, if not she will have to file an appeal.
G. ARAVINTHAN
(Expert) 10 March 2010
If she is able to satisfy the court with sufficient reasons for her absence before court and if produce evidence, then can setaside exparte order.
Raj Kumar Makkad
(Expert) 10 March 2010
Limitation is 30 days from the date of knowledge of any order passed against the applicant so there is no hurdle for your wife to approach court seeking setting aside the ex-parte order if she claims having knowledge within 30 days of application. As the case is pending, she has every right to come with such plea and you have not been granted decree of divorce till date so let her put her defence and let the matter be decided by court on merit.
You yourself are suing word "Cancer" for her which shows that you are guilty in the whole matter and this word is sufficient to dismiss your petition, if it is also used in court.
