Is petitoner has right to open exparte order decree again

Yes, the respondent has right to set aside ex-parte order and decree but not the petitioner. However, since the decree/order (ex-parte) is already in favour of petitioner, in that scenario what is the need for the petitioner to get it set aside?

only respodent have

only the responent can. u refer sec.15 of HM Act

Hi Sir,Thanks for quick advise..My wife Filed divorce case under sec 13 1 ia & ib on 25.01.2014. and first hearing completed on 18.03.2014 and second hearing completed on 03.04,2104 and third hearing will be on 15.05.2014.

before that we have written on Rs.20 bond paper at the time of divorce decree day,both husband and wife withdraw their cases and and give money to wife 7.5 lakhs to wife and deposited same in joint account.. 498 a case charge sheet was not filed and moved to lokadalat on 21,02.2014 judge given last hearing for 498 a on 21.05,2014.my lawyer told if you don't attend divorce case that will go to the ex parte and u get divorce on April-14 month and later she file MC Case and it will complete before Apr -14. 

Q) Now divorce hearing on 15.05.2014 and if judge issue divorce to wife on 15.05.2014,how many days it will take to get final divorce decree papers from court?

Q)If I don't attend 498 A last hearing in lokadalat on 21.05.2014 ,what will happen?what precaution u want me in this situation? Please advise.

Q)When is the right time to give money to wife on 21.05.2014? or ? 

Please advise. Thanks for ur time.

Firstly if a compromise is arrived between husband and wife, and the husband agrees to pay one time quit amount to wife upon which the wife agrees to withdraw all her complaints against the husband, first let her withdraw all her complaints/cases and then make the payments.  In 498A, you have to appear  before the lok adalat wherein the said compromise has to be insisted, the mediator will record the same and upon reverting back to court, the court will record the same and will dismiss the case after fully observing other formalities in this regard.  As far as the present divorce case also, the mediator will record the versions of you both and upon its opinion, the court will grant decree of divorce as prayed for by the petitioner.  This will be the correct procedure to be followed.   Do not go for short cut procedure of leaving it exparte because there is an imminent danger hidden  in it for ever.  This type of disposal is not at all advisable.  Do not agree with your advocate for this, this may look good now but not for ever.

Hi All, Thanks you very much for your valuable answers and time.

1) If I don't attend 498 A last hearing in lokadalat on 21.05.2014 ,what will happen? Is court will give next hearing date or how I will come to know next hearing date? Is court will send summons to me? Please advise.

2) While Divorce case is going, Is wife has right to file any cases on husband? Please advise.

Thanks for quick response and time.
 

Hi All,Please advise on above query.Thanks for your time...