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jay pathak (officer)     19 September 2014

Exparte divorce case

Sir

In a divorce case the summon is served and the proof is submitted  to court . Now even after 90 days of the summon being served she has not come to the court and filed a written statement. so can i request the court to proceed for exparte decree under section 10 of the civil procedure code amendment 2002.

thanks in advance

 



Learning

 2 Replies

cyberlawyer (barrister)     19 September 2014

Ofc you can request the court...but remember she can file a set aside application if the reason for not contesting is genuine.

jay pathak (officer)     21 September 2014

sir

thanks for the reply. she has not come to the court not even once so how can she file an application to set aside the application


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