i have stopped going to the court for last one year, as people told me without my signature, judgement can not be produced. but, my husband claims he has won the case and received judgement copy 2 weeks back to his relatives. how is this possible? also, i have filed RCR in my hometown, which he is not appearing still in notice stage last 5 months. how do i proceed now. should i go to high court now or wait for RCR judgement and use that to cancel divorce order? please help me. thanks.
Mukesh sharma (job ) 03 March 2016
hi as you writtren you stop going court from last one year andyou have not appear in court last one year its main reason to win case your husband coz he ge t exparty order from court coz you cant go to court
Vijay Raj Mahajan (Advocate) 03 March 2016
Wrong information and advice made you to suffer and get your husband obtain ex-parte order for divorce. Now either to move application in the same family court that granted him ex-parte divorce for setting aside the order or move the High Court in appeal against the order, better still will be to first moving application u/s order 9 rule 13 CPC in the Family Court that granted him ex-parte order for divorce and try to reopen the divorce case once again.
sir, in my case, i have appeared in the court after receiving summons. will order 9 rule 13 CPC applicable to me? i found an article saying as below for this rule:
Order IX, R.13 CPC:
The aforesaid provisions read as under: "Setting aside decree ex-parte against defendant In any case in which a decree is passed ex-parte against a defendant, he may apply to the Court by which the de- cree was passed for an order to set it aside; and if he sat- isfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit;
xx xx xx Provided further that no Court shall set aside a decree passed ex-parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim.
DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com) 03 March 2016
Yes Ad Mahajan ir right , you can apply to the same court for setting aside EXPARTY divorce order.
In Indian legal system there is no simple end to court cases.
Persue RCR case, it will help you in many ways.
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