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priya (housewife)     26 November 2013

Doubt in xparty order

Is the xparty order affect the women,in the case of husband filed the petition,bcoz my friend didn't attend her first hearing,bcoz of her husband torchure not even to see him,but he applied the petition to pay the amount for this case,Is she need to pay amount? And also one more doubt Is the Xparty order is published in the news paper.what are the procedures to be followed in the xparty order?



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 1 Replies

Laxmi Kant Joshi (Advocate )     26 November 2013

in the case of if husband filed the divorce petition by giving several allegation on his wife and his wife delebrately not attend the court proceedings on the hearing dates then the court presumes that the wife don't want to defend herself and accepts all the allegations imposed by her husband on her , and passes an ex-party divorce decree in favour of him . 2. if you want to save your marriage then immediately file an application u/s 5 of limitation act giving proper reason of your not presence in the court hearing within 30 days of ex- party order , request the court to cancil the order and to re- open the case, 3 .if you failed to submit application in time limit the ex- party decree will be given in favour of him and even that you have a chance to go for appeal against this decision and the time period is 90 days from the date of received divorce decree, if you failed in fiiling appeal in time limit then divorce will be granted and then your marriage will be no more .

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