Exparte Divorce Exparte Divorce

4 years ago

Dear Support, Family court Jhansi Has given decision to contest divorce on merit by applying penalty on them thus set aside exparte order (Ordered Earlier By previous Judge) They have not given any sufficent cause for non appearance but instead prayed to give them chance to contest, Judge was not agreed and some how given last chance by applying penalty. In this scenario can I appeal/Challenge in High Court for they had not given sufficent cause but prayed to give them one chance.Date of exparte order is 03/01/2019 and date of exparte set aside exparte is 28/08/2019.(Thanks & Regards)

Junaid Ali Khan

Responded 4 years ago

A.Yes it can be challenged
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Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 4 years ago

A.you can challenge the exparte set aside order by filing a revision in the concerned High Court, chances are good,
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Arnab Banerjee

Responded 4 years ago

A.Yes you can do. Also ask for a stay on that order till high court decides.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 4 years ago

A.Dear Client,
You may challenge such Exparte judgement and giving chance of hearing to contest the case after payment of cost imposed by court on its liberty. However, there should be reasonable reasons for recalling order. You may contact for drafting of Appeal petition for HC challenge.
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Vidhi Samaadhaan Vidhi Samaadhaan

Shreyash Mohta

Responded 4 years ago

A.Yes.
You can appeal against the order which allowed such last chance and challenge the same.
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Rameshwar Dadhe

Responded 4 years ago

A.Appeal in high court
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