(Guest)

Insufficient reason

I have applied for divorce againts a lady(also called my wife ) and her lover on adultery ground. Both filed vakalat immediately. But the lady gave her WS after 6 months and her lover was given an ex parte order. He took one court adjour and one time extension. After receiving the ex parte order, her lover appeared after one week, and filed set aside petition. In the set aside petition, he said that he was in court premises, but lost in premises and failed to appear before this court as he was new to court premises. He also said his counsel asked him to appear personally before the honble court. Will it be acceptable by the court. Does it have satisfy the sufficient reason to set aside. Doesn't it come under neglience. Please guide us to set him aside as he is delaying the trial so that some evidence would be destoryed.

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8 Replies

saravanan s (legal advisor) 19 July 2015

did you file sec 497 on your wifes boyfriend? is that the case in which he got a exparte order

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Laxmi Kant Joshi (Advocate ) 19 July 2015

Dear querist, your query is not clear to me, as mr.saravanan asked had you filed sec 497 ipc against her boyfriend in the police station for adultery ? In which case he got exparte, why didn't you attend the court proceedings .

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anand (legal advisor) 19 July 2015

As suggested above you need to write facts more clearly to guide

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(Guest)

Thanks for all of your replies.

dr g balakrishnan (advocate/counsel supreme court) 19 July 2015

natural justice is vital so exparte order can be set aside

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BHRIGU DATTA 9475352677 (PRIVATE PRACTICE) 23 July 2015

you question is not clear their is no provision of exparty if accused is absent before court on specific day .

(Guest)

thanks for your replies. I am trying my best to express it clearly again.

A divorce petition under adultery ground was filed where the first respondent is wife(lady) and the second respondent is her boyfriend. In reply to the divorce petition, the lady filed her WS after 6 months and her boyfriend was set as an ex parte after he failed to appear before the court in his FINAL CHANCE to give WS. (but he filed vakalat and took one court adjournment). After one week, he submitted his set aside petition for ex parte. In the set aside petition, he said that he came to court premises and was in court premises, but was lost in premises and hence failed to appear before this court as he was new to court premises. He also said his counsel asked him to appear personally before the court. Will it be acceptable by the court. Does it have satisfy the sufficient reason to set him aside.