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Divorce case which is filed by husband
16-Apr-2025 (In Divorce Law)
Due to health issue I didn't attend the court for 1year now court took ex partie evidence step . Now what should I do sir/ mam? Now my lawyer can file the counter ? Will judge will accept d counter file of mine?
If the court has proceeded ex parte due to your non-appearance for one year, your lawyer can file a petition requesting the court to recall the ex parte order. The reason for your absence—health issues—must be properly explained with valid medical documentation. Along with the petition, an affidavit must be submitted narrating the reasons for not being able to attend court and explaining that it was not intentional or deliberate.
If the court is convinced that your absence was due to genuine health issues and not a tactic to delay proceedings, it may allow you to participate in the proceedings again. In such a case, the judge may permit the filing of your counter and allow you to contest the matter from that stage.
It is important that this petition is filed without delay, showing promptness in seeking remedy once you became aware of the ex parte step. Courts are generally inclined to give a fair opportunity, especially when justified and when no serious prejudice is caused to the other side.
Let me know if you need help with a draft for the recall petition.
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Adv. Mrudhula Jahnavi
Serilingampally | 200+ Answers
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