how can i get ex- parte order. Wife not appearing since last 3 hearing
13-Aug-2023 (In Divorce Law)
how can i get exparte as my wife is not appearing in the Court since last 3 hearings??? i had filed a case for Restitution of conjugal rights.
Normally one could argue before court that the other side is not interested in the matter and the matter be proceeded with ex parte.
But in this case, since the outcome of the case itself invovles the other sides presence, it is kind of pointless to have ex parte proceeding. Even if you win but your wife cannot be located, how will conjugal rights be restored?
But in this case, since the outcome of the case itself invovles the other sides presence, it is kind of pointless to have ex parte proceeding. Even if you win but your wife cannot be located, how will conjugal rights be restored?
Helpful?
35+
What does placed Exparte mean?
Only one side or party. : used in legal proceedings. 30-Sept-2023
What is the rule for ex parte?
In accordance with the rules of procedure, the court may order that the proceedings be conducted ex parte if the defendant fails to appear at the hearing date. The plaintiff can choose to continue the trial on the merits even if there is no defence from the defendant. 10-Jan-2023
Law says that if despite sufficient opportunities, if a party fails to appear then the matter can be proceeded Exparte. You have to file an application for the same detailing bout how after taking all steps and valid service your wife is disregarding the court and its dictums
Helpful?
33+
Try all modes of service of summons including extended modes and lastly substituted service by publication
If wife does not appear after that the judge will proceed exparte on request which can be made orally by the counsel before the judge.
Feel free to revert in case of clarifications
If wife does not appear after that the judge will proceed exparte on request which can be made orally by the counsel before the judge.
Feel free to revert in case of clarifications
Helpful?
35+
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