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  • Can I become an ex parte

Please suggest if i can become an ex parte as the case is keep on prolonging. They have mentioned some gold and some money in the petition and also some allegations on me which are completely untrue. If i become ex parte do i need to pay the mentioned amount. Also i have a 7 year old daughter whom i'm fighting for custody. Please suggest if i can become ex parte and than later than file a separate case for custody. Wife has a adultery as well which i have only audio(one sided recording) as a proof will i win only with that? please suggest accordingly
Asked 6 years ago in Family Law
Religion: Hindu

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12 Answers

Court will pass order on merit and very possibility if you will not submit your defence, court may pass order against just on her plea.

Ex parte not advisable.

If wife is talking than valid proof, mere one side talk by Male cannot be consider acceptance of wife of whatever he is saying.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1)if you don’t attend court then court can grant reliefs prayed for by Petitioners in the Petition 

 

2) you can file application for custody of your child 

 

3) you ha e to prove allegations of adultery against wife 

 

4) audio recordings are admissible in evidence 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

An ex parte order is any court order that is issued when one party is not present at the hearing.. 

As per Order 9 Rule 13 of CPC, In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside. 

you can file separate custody of child petition. . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

For adultery to prove you should have strong proof or evidence against her. For child custody of daughter mother is the best caretaker of her child.

If you didn't attend a single hearing case it might be disclosed the case by court.

 

If you have attended till middle hearing dates than it might go exparte against you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- Since, this case is filed by your wife , and if your will not appear before the court, then court will pass an Ex-parte order against you. 

- By way of ex-parte order , court will pass order in favour of your wife, and further she will execute the same for getting the payment as mentioned in her petition. 

- Hence,you will have to pay the mentioned amount , even allegations are unture. 

- You can file a separate case for custody of daughter , on the ground of audio to prove adultery of wife.  

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If you become exparte then the court will decide the divorce case against you in your absence, however if you have already filed yor counter or written statement to the ongoing proceedings, then it may not be considered as exparte divorce, it will be treated as contested divorce only.

After that it will depend on the orders of the court about other benefits granted to her in the judgment.

About child custody case, no doubt you can file one at a later stage also but an application filed by you in this court in this regard has to be withdrawn with leave to file a separate case at a later stage which will benefit you to move on.

The audio recording will not be considered as an evidence to prove her adultery.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can contest the same and present the evidence properly before court. The discretion is with court in the same. When you go for experts proceedings you are bound to accept whatever order the court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See court may order the amount if you don't contest same also wife's claim van be established before the court. See you need other proof to corroborate and establish adultery.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Going ex parte won't help you. Yo un should fight the case otherwise an adverse order may be passed against you.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you are the respondent in the petition/suit then it is not advisable to be ex parte once summons is served and you have appeared in the court as it is tantamount to admission of allegations.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

Yes, you can file a separate child  custody case on the ground of wife's adultery.

An ex parte order is any court order that is issued when one party is not present at the hearing. ... These are issued without the other party being present, and are common in cases that involve abuse or violence. As in most proceedings, the other party still should have formal notice of the hearing

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes your become Ex-parte then court will consider that you are admitting the allegations against you that is why you don't want to defend your case. 

No you will not win the case only on basis of audio recording.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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