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Need guidance regarding voidable marriage
04-Jun-2023 (In Family Law)
Hi, I am hindu and my wife was earlier married before my marriage and she has hided the fact. I have filed Null and Void Section 11 of annulment at Bangalore court with all the evidences and the 1st summon was served to her after 3 hearings. I am not sure that she will appear on court on next hearing date but I will present. If she will not appear on next hearing date, will court do an ex party or when the court will pass ex party or if she would appear what could be the scenario? Will 420 case support (to null and void of my marriage) which I have not filed yet? what should I do so that I would come out of this matter at earliest. Please advise, Thanks
Dear
If she will not appear on the next date of hearing, the Court may pass an ex-parte order against her. If she appears after that she may move an application for cancellation of ex-parte order which the Court may or may not order to consider her case depending upon the nature of the case and subjective satisfaction of the Court. Criminal proceedings also can be filed separately by you independent of the civil proceedings. This will be of a great help to you. Further in the instant case you can put up an application for early hearing in the Bangaluru Family Court/civil court as the case may be in your case where the proceedings are pending.
Regards
If she will not appear on the next date of hearing, the Court may pass an ex-parte order against her. If she appears after that she may move an application for cancellation of ex-parte order which the Court may or may not order to consider her case depending upon the nature of the case and subjective satisfaction of the Court. Criminal proceedings also can be filed separately by you independent of the civil proceedings. This will be of a great help to you. Further in the instant case you can put up an application for early hearing in the Bangaluru Family Court/civil court as the case may be in your case where the proceedings are pending.
Regards
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