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OP petition (conjugal rights) was dismissed for default
2 years ago
My wife has filed a conjugal rights case and he did not appear for the enquiry. Then the case has been dismissed for default (Case status- Disposed -Dismissed for default). can he reopen the petition again? How many days we have the grace period.
A.Dear Sir,
Even if it is restored and decreed no benefit can be taken out of such decree because other spouse cannot be forced to continue marital life physically.
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A.Hi,
If any application or suit has been dismissed as default then it can be sought for restoration subject to filing an application within 30 days of such order. Please contact a lawyer and brief the facts of your case.
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If any application or suit has been dismissed as default then it can be sought for restoration subject to filing an application within 30 days of such order. Please contact a lawyer and brief the facts of your case.
Please rate my answer
Thank You
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.You have not specified when it was dismissed for default. Usually restoration application has to be filed within 30 days thereof, however, even thereafter taking leave of the Court for condonation of delay with justifiable reasons, Restoration application can be filed.
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