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sundarrajan (marketting)     16 April 2015

Ex-parte judgement under 125 of crpc

Dear experts,

i am residing at tamilnadu. my wedding is held at chennai. my wife is now living in andhra with my female baby.

i got divorce granted from my district court at tamilnadu. my wife filled maintenance case under 125 of crpc  in a sessions & district court at andhra pradesh.

she mentioned a fake residential address in her petition and affidavit. i have a returned registered post with ack card which i sent to that fake residential address. and the post master mentioned as not known address.

on 6.9.2012, first time i appeared in the court in person and submitting all evidence including the fake residential address. then the honorable court ordered me submit the english version of my divorce order in the next appearance. from my native place to court there is 1000 km distance. so i send my divorce order (english version) through registered post with humble request. my post is received by the honorable court. after this, there is no summons from court for hearing. 

then lost month, i send an application under RTI to know the status of the case. few days before i received the reply. in that reply,

my case disposed off on 2.1.2014. 

the case is posted petitioner side evidence

she filed her chief affidavit. respondent remained ex parte. so the honorable court granted exparte ordered against me.

my questions

1. i am not receiving any summons from court for hearing, then how can i appeared at court?
   

2. still now, i am not getting the judgement order from honorable court and petitioner.

3. can i appeal against this ex parte order. if yes, where will i apply for appeal (in the same court or high court)

4. what about the jurisdiction limit? my residential is 1000 km from the honorable court.

5. my wedding is held at tamilnadu. my wife's mother tonque is tamil. her native place is tamilnadu but settled at andhra. can i changed this case from andhra to tamilnadu.

 

dear experts,

please post your valuable comments.

 

thanking you.



Learning

 8 Replies

N R Dash.. (Advocate)     16 April 2015

Your appearance in the court is a conclusive proof that you have received the summon. Now, it becomes your duty to be updated about the dates. Why did not you hire a local advocate to look after the dates.

 

  1. It is not the duty of the court to inform you about each and every date of hearing.
  2. You can get a certified copy of the order from the same court by applying through proper channel.
  3. An ex-parte order can be set aside if challenged within 90 days from the date of order under valid grounds. I think in your case it is already passed.
  4. Jurisdiction of 125 CrPC is in the district where, you or your wife resides or where both of you have last resided together. Your wife can file the petition in the district where she resides.
  5. There is no question of transfer as the case is already disposed off. Take the help of a good advocate to fight the case & appeal in the High Court

sundarrajan (marketting)     16 April 2015

thank you sir

sundarrajan (marketting)     16 April 2015

in which high court i have to appeal?

Andhra High Court or Tamil nadu high court?

Advocate Ravinder (Advocate/Attorney)     16 April 2015

1. i am not receiving any summons from court for hearing, then how can i appeared at court?

--She might have given your address wrongly.  The notices might have gone to wrongly mentioned address.  Hence, you have set exparte.  In the court’s mind it is deemed that the notice is served upon you.  Now you came to know that your have been set exparte.  If you do not attend the court, you have to pay the maintenance whatever she asked the court.  Hence, immediately appoint one Advocate so that he will file petition to set aside exparte order.  Once it is allowed, your Advocate can argue and he will try to bring down the maintenance amount. 

2. still now, i am not getting the judgement order from honorable court and petitioner.

--You will not get.  It is already served on different address. Rest I answered above.

3. can i appeal against this ex parte order. if yes, where will i apply for appeal (in the same court or high court)

--You have to file Petition to set aside exparte order in the same court.  Appeal not necessary.   

4. what about the jurisdiction limit? my residential is 1000 km from the honorable court.

--Still you have to attend.  Ask  your Advocate to file dispense with petition when you are unable to go to the Court. 

5. my wedding is held at Tamilnadu. my wife's mother tonque is tamil. her native place is tamilnadu but settled at andhra. can i changed this case from andhra to tamilnadu.

--Normally, the court favours wife side only.  Meet your Advocate, He will find out some  way.

 

gd luk (gd luk)     16 April 2015

@ Ravindran P:
does not it attract come with unclean hands, with ulterior motive etc. etc.

sundarrajan (marketting)     17 April 2015

Thank you sir @ Ravinder.P

Advocate Ravinder (Advocate/Attorney)     17 April 2015

No, it will not come under unclean hands, with ulterior motive etc. etc. He says that  he was ignorant and he has the address which was mentioned in the petition (obviously wrong address).  Though he was aware of the correct address he will not reveal the same to the court. 

 

That the mischief played by several litigants. Hence, you should be alert and should watch newspapers etc to know about the publication of summons.  Unless the summons is published, the court will not set exparte your case. 

 

Exparte order is an exceptional order and it can be challenged and be reopened at any time when the defendant comes to know about the existence of case. 

T. Kalaiselvan, Advocate (Advocate)     24 April 2015

Mr. Dash has very clearly explained you the correct position of law involved in the case decided exparte against you.  Even now you can file ma petition to set aside the exparte order in the same court with a petition to condone the delay or may take up the matter with high court, but the high court will be in Andhra only and not in Tamilnadu.

It is high time now hence better engage a local advocate so that you dont suffer any more chance his way.  Distance of 1000 kms is not an excuse.


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