Query

During   Next hearing of the case  you file your counter  by requesting  the court.You pray the court to give you a chance to file your counter and  advance  your arguments.If you appreciate this answer please convey my forum thanks.

File an application immediately (without waiting for the next date) to set aside the ex-parte order) and the court will allow your application after imposing nominal costs.

@Querist,

 

You can either go for revision in sessions court/high court u/s 397 (1) of the CRPC.

 

 

OR

 

 

The set aside application can be filed u/s 126(2) of Cr.P.C, before the family court who has passed the order.

DEAR HONBLE MEMBERS AND ALSO WHO ADVISED TO MY QUERY MY SINCERE THANKS .BEFORE I REACHED HYDERABAD .THE SAID ORDER WAS DECREED.MY WIFE HAS FILED  EP FOR RECOVERY AND I HAVE FILED SET ASIDE PETITION UNDER ORDER 9RULE 13 CPC.MY ADVOCATE HAS FILED THIS .AFTER SEEING YOUR REPLIES I ASKED HIM TO FILE WITH 126(2),CRPC,,HE SAID HE WILL WRITE IN PETITION TO READ WITH 126(2)..THE DAYE FOR EP IS 22/12/2016..I TOLD MY LAWYER TO PLACE MY SET ASIDE PETITION ON THE SAME DATE...

PLZ ADVISE IF ANY MORE SUGGESTIONS 

Set aside application has to be filed within 30 days from the passing of the order.  If any delay is caused, condonation application showing the sufficient reason why you have not approached the court within 30 days.