I have posted a related question in a different. Repeating it here
In my RCR case, wife filed for a stay and transfer of the case to her place. When she didnt appear for the first hearing, judge set the case as ex-parte. Before i could give my evidence, we got the HC interim stay. As on date, the HC interim stay expired and there is no fresh application. In the latest hearing, district judge has ordered my wife either to confirm whether she will seek further stay or to file a counter. The next hearing is set after 30 days
My questions are:
1. If she doesnt act till next hearing, can i request the judge to record my evidence and issue ex-parte orders?
2. Since the transfer petition is still active in High court, should i just wait for her to make a next move. How long should i wait before approaching the court to dismiss the transfer petition on the grounds that there is no request / action from her side even after the expiry of interim stay?
3. In case she approaches the High court to restart the transfer petition after the ex-parte orders are passed by the District judge, can i contest that the case shouldnt be set aside since the district court gave her sufficent time to respond?