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What can be done if Exparte given in DVC case
10-Jan-2023 (In Family Law)
Hello All, Good day.. I filled divorce in month of January, After received divorce notices my wife filled 498A in March. And in this January she filled DVC case also. In 498A she mentioned 1. My name 2. My Brother 3. My father 4. My Mother But in DVC case, my wife added additionally my Sister name also. Problem in DVC only now... My plan is like : I only will contest in DVC case and make all family members as Ex parte. (My wife asked some reliefs which are also applicable to my family members are stay on properties) If exparte, what problems we have to face in future...? Exparte means we are agreeing to the statements (harassments) what my wife has mentioned in DVC case...? If at trail, found that statements are all false, then my family members (Ex-parte) also will get the same judgement...? If my wife got favorable judgement, then my family members (Exparte) will face any problem...? Please suggest me is it right or not..
Exparte means notice served to the respondent but redpondent not appearing on purpose , in such cases the matter proceeds exparte . It does not neccessarily mean everything she says is agreed upon but since the respondent remains absent there is no defense against the allegations and if she is successful in proving these allegations she might get favourable relief. But your lawyer will be able to give you a better and detailed explanation after reading her application in DV.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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You need not to go for expartee you can file an application before the honble court in which you DVC case is. In the said application you can pray to remove the names of your family members or you can pray that their nonpresence May be allowed
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If u want relief from d court of law, it's better u contest d case. U have to give reply on behalf of ur family members as well. A lawyer can take care of their presence. He can file exemption, so that they dont need to come in d court.
If an ex parte order is passed against u, it will definitely creates trouble for u and ur family members. U will have to approach higher court to get it set aside, certainly ur litigation costs will increase.
2. Ex parte order means an order passed in favour of d applicant and against the respondent, if they remain absent or doesn't appoint a lawyer inspire service of notice. If such litigation continues it means the Applicants evidence will go unchallenged and the respondents will have to bear brunt of the same in future. For further explanation u may contact
If an ex parte order is passed against u, it will definitely creates trouble for u and ur family members. U will have to approach higher court to get it set aside, certainly ur litigation costs will increase.
2. Ex parte order means an order passed in favour of d applicant and against the respondent, if they remain absent or doesn't appoint a lawyer inspire service of notice. If such litigation continues it means the Applicants evidence will go unchallenged and the respondents will have to bear brunt of the same in future. For further explanation u may contact
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Hi, yes in exparty case what ever stated in the dvc application in concidered as accepted and accordingly order is pass which will great great problem to all members/party to case. it is bettter you appear in court and ask set aside of exparty order and proceed with the matter.
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Adv. Mrutyunjay Mahendra Bhokhare
Mumbai | 100+ Answers
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Hello sir you file divorce case against your wife that is ok but which you plan for expartee in dvc case is not ok, if rest of the parties expartee in matter that means they acceptted the complaint n court grant relief to your wife against them bettter way to contest the matter with proper defence
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Adv. Kirti Deshmukh
Nagpur | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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