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NRI Divorce - Judge absent - Each visit costing me one month salary


17-Sep-2023 (In Divorce Law)
My wife filed a divorce case as she is not interested in staying with me. There is no DV,498a, or any criminal charges. I appointed an advocate in India. When I came for the hearing ,Judge was absent and postponed the case to the following month. I couldn't come for next hearing so Judge declared me ex-parte. I am planning to come for next hearing, if judge is absent again, what options I have ? Can my advocate show tickets and immigration stamping and cancel the ex-partee ?
Answers (2)

Answer #1
640 votes
Sir, an exparte order is not serious particularly in a matrimonial proceeding. It can be set aside by showing sufficient cause and reason. You can show your tickets too. You can appoint an person as Power Agent to appear on your behalf. Your personal appearance will be required for counselling and recording evidence.
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Answer #2
659 votes
Hello sir, your advocate can very well file an set-aside petition to set-aside the exparte order ordered by the court by showing all the relevant documents. then the court will pass orders on exparte, then the case will be back into its form as a normal case. for further clarifications call me.
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Advocate Adhithyan C

Adv. Adhithyan C

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