Will ex parte proceeding go in favor of party set ex parte
Ranganath
(Querist) 16 February 2012
This query is : Resolved
Ld counsels,
husband is set ex parte in the OP filed by wife. wife filed proof affidavit and documentary evidence.
wife made contradictory statement in the police complaint and in the proof affidavit. will those contradiction be considered and ex parte dismissal order be given in favor of husband. The FIR was filed as doc evidecen by wife.
examples of contradictions:
1. in FIR husband took me out of matrimonial home but before family court it is stated that she left the matrimonal home with her father.
2. in FIR marriage conducted according to hindu rites but before family court it is stated that marriage not solemnized.
3. No whisper of dowry articles in FIR but there is a list provided with a prayer to restore them.
Are these contradiction go in favor of husband even if he is set exparte.
Thanks in advance.
RadhikaReddy
(Expert) 16 February 2012
Apply for an order to set aside ex-parte decree by showing sufficient cause for not appearing before the court
Ranganath
(Querist) 17 February 2012
even while proceeding exparte will the court overlook and disregard these contradictions. what is the rationale or proposition of law that will operate to favor such a course.
such contradiction throws a doubt on the bonafides of wife apart from being un-reliable.
Nadeem Qureshi
(Expert) 17 February 2012
Dear Rangnath
you can file a quash petition before HC with all the points and proof.
feel free to call
dev kapoor
(Expert) 19 February 2012
Even if ex parte this petition has to be decided independent of any contradictions in another criminal proceedings.If there is sufficient & believable evidence the court will grant the relief or else dismiss the petition if there is not required evidence.Simply because u are ex parte will not by itself bring an adverse decision against you.
But it is better suggested that you file application for setting aside ex parte order & join the proceedings.
