EXPARTE DIVORCE EXPARTE DIVORCE

1 year ago

My husband filed divorce and i got two summons from court but my advocate advised me to not appear due to baby is just one year during that time and also having financial crises in family so i avoided it to travel and for other expenses.Now on march 4,2023 i checked in online e court services about case status.order not uploaded by concerned court as showing in my case status.i have 90 days in order to go for an appeal,compensation,dowry ,domestic violence to proceed in madras high court but suddenly my advocate said time period is over and also i requested RTI to know about the judgement and copy which is not received yet.My advocate shouted me why did you applied RTI,it will be contempt of court.and i need judgement copy,what to do next .please help me to find the way.

Anik

Responded 1 year ago

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A.Hello,
As per the infromation you have given it is advisable to you to appear in the court as and when required and for better clarity reach out to an advocate.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 year ago

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A.it appears that owing to lack of communication and your non-appearance in successive date of hearing Ld. Court has passed an exparte order upholding the claim of plaintiff husband.
Reach out to an experienced Advocate of Hight Court in case it affordable and convenient for you for filing a petition for review of the said order along with a prayer for condonation of delay. There are a plethora of cases, a petition for review of lower Court order made in a belated stage was admitted assessing the merit in the appeal that overweighs the delay in filing of the petition.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Madam,
You may ask any other advocate and get copy of judgment and prefer appeal before High Court within limitation. If limitation is over an application under section 5 of Limitation Act may be filed to condone the delay. Nothing to worry.
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