Wife left home with kids and went to parents house in another city.I filed Divorce on grounds of cruelty. She is contesting the divorce. After one year she filed RCR from her home city.I got summon and hired a local lawyer of her city.He used to take adjurnments and when last opportunity was given I came and submitted WS. After that on advice on my lawyer I did not attend the court dates. Lawyer said he will keep taking adjurnments. It was set exparty and lawyer asked me to come and attend and give application to set aside exparty order. However my application was rejected and she got exparty RCR in her favour.My lawyer is saying he deliberately let wife get exparty order and in long run it is going to help me only because exparty order is of no value and he has already planned next step. But I am not convinced and wondering if he is misguiding me or has joined hands with my wifes lawyer. My divorce case running in my city is at evidence stage. My evidence over.She has to come and give evidence now. Can she use this RCR decree in Divorce case running in my city??My lawyer is saying it is exparty order and of no value. He said he will file some other case/application against this exparty RCR order and is asking me to come and pay. Please help!!!! what should I do.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You have to make application fir setting aside exparte order
In alternative file appeal against exparte order
Your lawyer has been grossly negligent
Change your lawyer
Wife can in her reply mention that exparte decree of RCR had been passed by family court and that no appeal has been filed nor application made for setting aside exparte decree
Hello,
No such is not the case, an exparte decree in case where you have filed WS is as good as any other decree. She can show it in her evidence that she is willing to fulfill her matrimonial obligations, it is suggested that alongwith all the documents you take advise from some lawyer.
Regards
Let me know if I can be of some further assistance
Hi, Even though she got a ex party order in RCR but it can't be executed before the Court and if you not oblige the order of the Court then it will one of the ground for divorce.
2. In order to protect your interest better you can file a appeal for dismissing your application to set aside the ex-party order.
Advocate Ajay Sethi ji please let me know under which section should I file application in Family Court for setting aside the exparty RCR decree
Sir I have told you that since you have marked your presence before the court it will be difficult for you to get an order in your favour by moving an application for setting aside the exparte decree.
However, an application under order 9 rule 13 of CPC is made for Setting aside decree ex parte against defendant; however you will have to show the sufficient cause for your non presence. You can go through the judgement available on the flowing link:
http://www.legalblog.in/2011/02/sufficient-cause-for-setting-aside-ex.html
Regards
Hi, in your case you have engaged the advocate and he has filed the WS now you can't file setting aside exparty order and more you have filed the application for setting aside the exparty order same has been dismissed so now you have only option to file an appeal in the High Court.
You can file an application under order 9 rule 13 CPC and after passing of ex-parte decree if 30 days passed then you should also file a petition under sec.5 of Limitation Act for condonation of delay
Your lawyer had been misguiding you since beginning.
You should not have let your RCR case to become exparte.
She may very strongly contest your divorce case since she got RCR decision in her favor.
Even now you can prefer an appeal against the rejection of exparte set aside petition.
You can engage a different lawyer this time.
