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Divorce Summon Not Accepted turns into Expatriate ,can it be set aside
05-Apr-2023 (In Divorce Law)
Dear Sir,
I need your help with respect to my expatriate divorce case where I filed a divorce case at Jhansi (U.P) Court and court order for expatriate because she dint appear for 4 hearing (After Summon Delivered & Not Accepted) now on Argument day on expatriate hearing she appeared in court and filed a application to set aside expatriate order but I counter appealed on that not to set aside expatriate order because we properly delivered summon and she had not accepted the summon and refused to accept the summon where we got acknowledge copy mentioning "Not Ready to accept".
Now In this scenario I need your advice how court will look into it and give judgement on expatriate and how the finance will be settled in this situation as I am paying her alimony(Rs 10000-/-) from past 5 years as per 125 Maintenance interim Order from Karera(M.P) Family Court.
Thanks & Regards
Vikas Mishra
Dear client.
In your case if summons of service was sufficient. and your opposite party came in last hearing date. In this situation it duty of court that gives her one more opportunity to file counter. after that if she will delay to file her counter then court can proceed ex_party.
In your case if summons of service was sufficient. and your opposite party came in last hearing date. In this situation it duty of court that gives her one more opportunity to file counter. after that if she will delay to file her counter then court can proceed ex_party.
Helpful?
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Adv. Sanju Lata
Allahabad | 100+ Answers
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dear client,
there are many aspects to be seen from your past order do consult your lawyer about this but my suggestion would be do contest it with all limit n power if not do apply forappeal for further details do contact us.
there are many aspects to be seen from your past order do consult your lawyer about this but my suggestion would be do contest it with all limit n power if not do apply forappeal for further details do contact us.
Helpful?
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Adv. Rahul Rathi
Allahabad | 500+ Answers
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Dear Client,
An order of the call can recalled at any point of time when the same is not passed after hearing both the parties and if at all you are affected from the order of recall passed then you will be at liberty to challenge the same before the Appellate Court.
Regards
An order of the call can recalled at any point of time when the same is not passed after hearing both the parties and if at all you are affected from the order of recall passed then you will be at liberty to challenge the same before the Appellate Court.
Regards
Helpful?
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Adv. Tushar Bahadur
Lucknow | 400+ Answers
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