Legal Question in Family Law in India
Ex Parte order
Sir, My wife filed maintenance case and the Court has not passed any interim order of maintenance. I filed my Written Statement. I have divorced my wife through Divorce Notice and brought to the notice to the Court that the case to be tried under Muslim Women Divorce Act. As I am residing in another State I could not appear personally before the Court, only once I appeared before date of the case and have also filed Petition for representation by the Counsel and the said Petition has not been disposed off. Now the Court has passed exparte order against me. Please help me in this regard as to : should I file a Petition in the Family Court or in Session Court for setting aside the exparte order, keeping in view that I have filed Petition for respresentation by the Counsel and also that the case be tried under Muslim Women Divorce Act.
6 Answers from Attorneys
Re: Ex Parte order
In the same court you have to file set aside exparte Petition under order 9 rule 7 and Sec 151 of c.P.C.
After filing the Petition for representation by your counsel and as you have not appeared before the Honourable court, the court passed exparte orders agianst you.
You have three remedies.
1. Petition to set aside exparte order.
2. Review.
3. Appeal agianst the said order.
It is better to go for set aside exparte passed against you.
Re: Ex Parte order
To proceed in the concerned court or by way of appeal to set aside the ex-parte order. For further query contact me
Re: Ex Parte order
You are entitled to challenge an ex parte order by filing an appeal before the next higher court.
Re: Ex Parte order
first of all ask your advocate to get the exparte order set aside.
you can move an application in the court who has made this order.
Re: Ex Parte order
you can fie an petition for setting aside the exparte order
Re: Ex Parte order
you can file an petition to set asided ex parte order.
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