Msk-need -nuetral- laws (self) 06 December 2012

Question regarding setting aside exparte - urgent

Dear Leraned advocates and experts,

I have query regarding setting aside exparte decree. I had file divorce pettition on Nov 2011. My wife came to 1st counselling after three months and after the failed counselling she never turned for second counselling 6 months continously. Court has ordered for exparte evidence and on very next time she apperaed in court seeking time to set -aside exparte decree. Judge accepted it and asked em whether I ahve any objection to it. As my lawyer did not turn up that day, I informed the judge that I would need to consult my lawyer, for which Judge agreed and gave 20 days time.

Reading some of th topics here, she has not yet submitted counter in the form of WS. I understand that to submit WS it should be done within 90 days. As she had past 1 year without WS, Can i request to go for exparty evidence? Or shall I accept setting aside application on condition to file WS immediately and continue the case.

I am much confused, my lawyer says that let us accept setting-aside and win the case on contested basis.

Please suggest me, urgent

Regards

Mani

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3 Replies

Goutam Prasad (Advocate) 06 December 2012

Whether to set aside or not is not your choice. You should oppose her application for setting aside exparte order.

However, as per my practical experience, judge will allow the same. Further I have to inform you that it will not harm you much as even if judge will reject ex-parte application, she will have choice to approach HC in appeal which will delay your proceedings and become costly affair too.

In the circumstance of setting aside ex-perte order, she will try to file WS with condonation of delay application. Try to get it not to be allowed if grounds are not much sound. Even if it is allowed then pray for hefty cost due to wastage of your time.

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Msk-need -nuetral- laws (self) 06 December 2012

Dear Goutham sir,

Thank you for the response. I sent PM with a question. Kindly help me

Regards

Mani

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 December 2012

Dear mani

first of all raise highly objection on set-aside application and proved before the court that there is no sufficient reason to allow this setting aside application and dismissed the application.

no need to try contest the case,