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kalpana (assistant)     12 June 2014

Dismiss the divorce case

Dear Sir, My Husband is an army man who files the Divorce case against me after two years in KGF court. I have attended two hearings. but my husband not even one hearing. I filed the counter against his false allegations. After filing the counter the second hearing i heard the msg from from advocate that the divorce case has dismised. henceforth i dont want to go there.

i want to know is it possible without my knowledge and any sign of mine? what might be the reason to dismissed the case?



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 6 Replies

Sankaranarayanan (Advocate)     12 June 2014

The reason is ex party by your husband

Laxmi Kant Joshi (Advocate )     12 June 2014

The case is dismissed because of non appearance of petitioner i.e. your husband in the court .

Samir N (General Queries) (Business)     13 June 2014

There can be MANY reasons for dismissal of a case. It is important for you to find the specific reason for which the case was dismissed. The ONLY way to find out the SPECIFIC basis for dismissal is to go to the Concerned Court and apply for the Order of Dismissal. It is important for you to do that because that dismissal Order and/or associated Judgement would certainly have a bearing on future proceedings, for example, if he refiles. Only a Court Certified copy of the Judgement would be useful to you. 


Any answers given by advocates here, with due respect to them, no matter how confident they sound, are just guesses, probably good guesses too but nothing more. GOOD LUCK!!

 

kalpana (assistant)     13 June 2014

what is meant by ex party by my husband?

 

what will be the cost to apply for order for dismissal? how many days will take to get the copy of the same.

without consulting any lawer can i get the order copy from the court  within a day

 

ans pls

Samir N (General Queries) (Business)     13 June 2014

Ex Parte (not Ex Party) means without the presence of all parties. It is possible but highly unlikely that your husband asked for the case to be withdrawn. There is a BIG difference between withdrawn and dismissed. In any event all this is irrelevant in light of my suggestion to get the Order/Judgment.


To get the Order of dismissal, it is important that you DO NOT approach any advocate. First, you do not need one. Second, he will only complicate things.  All you need to do is to find out from that Court where the counter is to pay and receive certified copies. They will ask you to fill a form or file an application. Most likely there will be pre-printed applications available where you fill in the details of the case and what you want. Otherwise, you can make such an application yourself by providing all the details of your case.  If you err, the clerk there who accepts the application will correct you. Pay fees for urgent processing. Pay the clerk some "tip" to get it done really fast. Tell him that you would like to pay for urgent copying, for example!!!


This is the information that you should ask (not just the Order of Dismissal): 

  • The entire docket.  I think it is called Roznama which lists everything that happened in the case, with an entry for each date that the case was heard. This will give you a clear picture if things were done behind your back.
  • All filings made by your husband. You most certainly should ask for these documents.
  • All Orders or Judgments issued in the case.

Hope this helps.  As you can guess, I am NOT an advocate but any good advocate will or rather should give you the same advice.


Samir N (General Queries) (Business)     13 June 2014

The formatting was messed up... So I have posted that section again:


 

This is the information that you should ask (not just the Order of Dismissal): 


  • The entire docket.  I think it is called Roznama which lists everything that happened in the case, with an entry for each date that the case was heard. This will give you a clear picture if things were done behind your back.

  • All filings made by your husband. You most certainly should ask for these documents.

  • All Orders or Judgments issued in the case.

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