Draw attention of court to conduct of husband
that he has failed to cross examine witness and no cross order passed on second occasions
that he even failed to pay penalty or costs imposed by court
No cross order in divorce case
Twice no cross order has been filed against husband as they have repeatedly failed to appear in front of the court to take the cross examination. It was set aside in 2019 with a minimal penalty which has not been paid yet. Second time no cross order passed in this month. What is the wat to ensure that they cannot set it aside this time and the contested divorce case proceeds to the the next stage? Please advice a the divorce case ongoing since 2017 and the husband's party has been deliberately delaying this for one reason or the other.
Asked 4 years ago in Family Law
Religion: Hindu
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8 Answers
The divorce case has been dragged for 4 years now by the husband's side. He lives in UK and doesnt appear in front of the court. Covid further delayed everything in India. The wife's counsel is present for every hearing . Can you suggest any ways to expedite this case or what are the means to get a exparty decree ? What kind of evidences will be accepted and be useful to be submitted to get the exparty decree at the earliest.
Asked 4 years ago
On account of covid restrictions courts are lenient and grant adjournment
in your case husband is in UK
on account t of travel restrictions court would take lenient view and not grant exparte decree
Your advocate has to file a strong objection this time if they file a a set aside petition to set aside the exparte orders passed against the husband.
Without the husband paying the cost the court would not have entertained the previous application seeking to set aside the exparte orders, hence you may clarify that issue from your advocate.
If the court has posted the matter for exparte evidence, you may better be ready and willing to let in your side evidence without fail in the next date of hearing so that the court is enabled to pass the exparte judgment in your favor
If the court has already set him exparte then you be prepared to let in your side evidence by filing an affidavit containing all your pleadings in the form of an affirmation which is called as an exparte evidence
If the court has posted the matter for exparte evidence, you may better be ready and willing to let in your side evidence without fail in the next date of hearing so that the court is enabled to pass the exparte judgment in your favor
You be in touch with your advocate on this.
- If the setting aside order was passed on the condition of payment of cost to the petitioner , then if your husband has not paid the said amount , then the court cannot proceed with the case legally.
- You can mention to the court for the said payment and to dismiss that passed order
- Further, if he trying to delay the proceeding of the case, then you can move an application before the court to close his defense and to pass decree in your favor.
- If court delaying , then you can file a Petition before the High court to direct the family court to pass decree in a fixed time frame.
If opposite party doesn't proceed with the case the court will pass exparte order in the matter. Nothing to worry for the same
1. File a petition before the High Court praying for an order for expediting the Divorce Suit filed by you and for disposing the matter within next 10 months.
2. Based on the said order, the lower court will certainly pass appropriate orders to expedite disposal of the suit.
1. Due to the pandemic situation, Courts are not passing adverse orders that too on parties staying abroad who can not come to India in cases of travel ban.
2. This unique problem is being faced by all the litigants in every court.
3. You can take the steps as suggested in my last post if the situation improves and he still refuses to appear before the Court.