how can i get ex- parte order. Wife not appearing since last 3 hearing
how can i get exparte as my wife is not appearing in the Court since last 3 hearings??? i had filed a case for Restitution of conjugal rights.
Try all modes of service of summons including extended modes and lastly substituted service by publication
If wife does not appear after that the judge will proceed exparte on request which can be made orally by the counsel before the judge.
Feel free to revert in case of clarifications
Advocate Sonia SainiDwarka, Delhi
Law says that if despite sufficient opportunities, if a party fails to appear then the matter can be proceeded Exparte. You have to file an application for the same detailing bout how after taking all steps and valid service your wife is disregarding the court and its dictums
Advocate Kunal SabharawalPanchsheel Enclave, Delhi
Normally one could argue before court that the other side is not interested in the matter and the matter be proceeded with ex parte.
But in this case, since the outcome of the case itself invovles the other sides presence, it is kind of pointless to have ex parte proceeding. Even if you win but your wife cannot be located, how will conjugal rights be restored?
Advocate Savyasachi Kumar SahaiC R Park, Delhi
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