Exparte decree of restitution conjuagal rights case

Decision about exparte decree will be taken by the court and not by the litigant. You may ask the court to substituted service of summon if the previous summons were return un served continuously, after the petition under O5R20 is allowed, go for paper publication, after which the court will set the respondent as exparte.

Hello Kumar,

If you have already sent her a notice and can show proof that the notice was served but your wife is wilfully refusing to come to the court, then you can convince the court to pass an ex parte order in your favour. Recently however, the Courts have not been acting very favourably where ex parte order have been given in matrimonial cases. Only if you can show beyond any reasonable doubt that she is avoiding the summons and the proceedings, then you can easily seek an ex parte decree. You will need a good argument to get the decree though and you should have a lawyer who can convince the judge about the correctness of passing an ex parte decree.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Hello Kumar,

If you have already sent her a notice and can show proof that the notice was served but your wife is wilfully refusing to come to the court, then you can convince the court to pass an ex parte order in your favour. Recently however, the Courts have not been acting very favourably where ex parte order have been given in matrimonial cases. Only if you can show beyond any reasonable doubt that she is avoiding the summons and the proceedings, then you can easily seek an ex parte decree. You will need a good argument to get the decree though and you should have a lawyer who can convince the judge about the correctness of passing an ex parte decree.

Regards,

Advocate Ashok Kumar; www.lawkonect.com