Kanan (IT) 17 February 2014
Hi members,
Please can I be advised advise how I need to challenge ex-parte divorce against me.
I could not attend the case for the last 2 years as i have a minor child and exparte divorce was awarded to him.
My lawyer (company lawyer) says that it is very difficult to challenge exparte orders after filing vakalat and not attending proceedings inspite of speaking order and then exparte divorce.
What are my changes of filing a revision in High court.
Please advise .Thanks in advance.
adv.raghavan (Advocate,9444674980) 17 February 2014
Exparte divorce can be contested, provided if you are in a better position to explain the court,about your absence during proceeding and cause for the delay in appealing the case.
Kanan (IT) 17 February 2014
Sir, Thanks. Can I now try to transfer the case to my native place where maintenance case is pending.
I do not want to contest the case at that person's place.
Case was set exparte against me on Jan 3 2014 and i have strong proof that he remarried another victim.
How can I convict him for his misdeeds.
Sir, Please help advise.
Gautam Kapoor (IT professional Studying Law) 17 February 2014
Renuka, to be honest,transferring a ex parte divorce is a uphill task. You can try nevertheless,nothing stopping you to do so.
Leniency to women apart ,SC now a days is quite stringent in transferring cases, all on merits.
If the case is exparte, it becomes a bit more difficult.
adv.raghavan (Advocate,9444674980) 18 February 2014
Your first priority is to set aside expartie order, then u can take a call on all other things.
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