LawRato

How to avoid false ex parte against me


08-Apr-2023 (In Divorce Law)
I work abroad, but my wife filed a maintenance case last month. They sent a judicial letter, but the postman does not give a letter without my signature because I am not in India, so he writes "absent". Return the court letter and at the next hearing they file an ex parte ordernwe got this information from othersni don't know what court letter they sent me and without i am here they filed an ex parte order how is ex parte court granted without i am in india?nDid the opposing side forge to sign and some victim to use against me to apply the ex parte?nHow do I avoid and what proof should I present because she married me using a false address, etc. and she cheated on me and we don't have any sexual relationship and married life ended 15 days after she left me and almost 11 months later she filed this case
Answers (2)

Answer #1
659 votes
An ex parte order is passed by the court if the other party fails to appear before the court after receiving the notice. That is the reason one has to contest the case with their side of facts. The ex parte order can be set aside by filing an application. If you provide the case number I will able to check the status.
Helpful? LawRato LawRato
Answer #2
507 votes
You can file a petition to set aside the ex parte order and reopen the case. If the marriage is not consummated, you can file a divorce case and face the maintenance case. You have to approach an efficient lawyer. He will handle the case.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."