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Can an ex parte orders be passed for absence on two dates in divorce
02-Mar-2023 (In Family Law)
Hello, I have a pending restitution case in family court kolkata..which i was contesting ,fighting since 2008... I also had a custody case which I won ..now after 8 years I got fed up and came out of the case but my husband very smartly put in petition for increased custody and similar matters under some section...we gave a reply but i could not be present for 2 dates and in between can the family court judge dismiss a reply petition and pass for ex parte hearing.. wanted to know if this can be done,,,please help
To restore can you provide valid documents to show your valid grounds for absence. If such the judge does not allow, we can move higher forum on that order.
Before that i need to see the entire case history and need more facts to guide you better.
Before that i need to see the entire case history and need more facts to guide you better.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Hello,
Yes, the judge can pass an ex parte order. But you have an option to restore it. For detailed advice I need to know the detailed fact of the case. Please feel free to contact with all the details for a better consultation.
Yes, the judge can pass an ex parte order. But you have an option to restore it. For detailed advice I need to know the detailed fact of the case. Please feel free to contact with all the details for a better consultation.
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If your advocate on record filed an adjournment petition on behalf of you with a valid reason then judge may passed last chance order.
Ultimately it is discretion of the Court to pass any order he finds appropriate.. Don't worry if exparte odered pass then you can vacate it .
Ultimately it is discretion of the Court to pass any order he finds appropriate.. Don't worry if exparte odered pass then you can vacate it .
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Adv. Sharmin Zafar
Kolkata | 100+ Answers
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Yes, The Ld. Court may fix Ex party hearing if the Respondent or the O.P. did not file Hazira or take his/her step continue in two dates. Here in you case, if you further proceed, then after collect the Certified Copy of the Order pray an appeal before the upper Court and if the Suit is fix for Experty Order then you submit an application for Ex party Vacation, one Show Cause Petition and one Taken up Petition first and take part in the suit.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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