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Caveat vs ex-parte stay in Supreme Court of India


28-Aug-2023 (In Divorce Law)
Hello, my wife is a resident of Hyderabad, Telangana and I am from Bangalore, Karnataka. I have filed for a divorce in Bangalore family court as the marriage was organised in Bangalore and she stayed with me and my parents for a few months in Bangalore. nnI filed a caveat in Supreme Court against any interim order of transfer petitions. My wife has recently filed for a transfer of case from Bangalore to Hyderabad in SC and applied for an ex-parte stay reliefCan the Supreme Court pass an ex-parte order even when I filed a caveat ? Section 148a of CpC states that any order passed by a court without giving the caveators a chance of arguments or if the petitioner does not inform the caveator about the case application etc., the interim order passed is null and voidBut on Indian Kanoon, there are some case judgements where the judges have disregarded the caveat applicationWhat is the law here ? Can a court completely disregard the caveat and pass an ex-parte stay of proceedings?
Answers (1)

Answer #1
572 votes
Dear Sir SC court cannot pass such exparte order without hearing. Very spirit of the caveat is to hear the Caveator before passing any such ex parte order. Nothing to worry. But it will be transferred as law and courts are in favore of femine gender for more than one reasin.
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