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what is Exparte divorce evidence
13-Oct-2023 (In Divorce Law)
My wife applied for divorce on grounds of Cruelty under sec 10 X of indian divorce act, there was nothing as such it was all caste and religion problem only , Initially I tried convincing her not to go for divorce and attended 7 counselling session and 6 times for hearing and also submitted counter affidavit as more than a year passed by I lost the hope and started stopping attending the case, Now its almost going to become exparte , My lawyer informed me that they have to provide evidence after case is disposed off as exparte, there is no evidence for her to show cruelty from my end , so what evidence does court need to grant permanent exparte/divorce order in favour of her, if she cannot provide that evidence can the court dismiss her plea? I am not planning to appear against exparte let her take that divorce and do whatever she wishes. Please let me know how long will it take from disposing case as exparte and then the plantiff providing evidence and obtaining permanent orders?
if you not contest the case, court believes what she stated it's all true , you have to counter her allegations to win the case or dismiss it , so you have to attend case and cross examine her statements and provide your version of evidence , thereafter court will look into position of both parties and pass the judgement. take necessary assistance from your counsel and follow up the case. otherwise you might face difficulty.
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Adv. Hanumesh H N
Bangalore | 400+ Answers
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What does remained Exparte mean?
Only one side or party. Legal proceedings. 30 Sept 2023
What happens when case is ex parte?
Ex parte motions are used in emergency situations to provide an exception to due process rules. They allow you to petition a court without notifying or serving the other parties. The judges ex parte order will only be temporary if he grants it.
Is ex parte divorce safe?
Ex parte divorce occurs when you fail to appear in court despite being notified by the court. You wont know what the court decides. Ex parte orders are not without their disadvantages. You can contest divorce proceedings in India from anywhere. 29 Sept 2020
What is an ex parte order in a divorce case?
Ex-parte divorces are divorces in family law where one spouse files for divorce without consent from the other. The court can grant a divorce in such a case without the presence of the other spouse.
Dear sir
Even if it is exparte the Court will take its own time to record the evidence of your wife by way of affidavit evidence and get marked the documents . If you have filed your objections then at the time of final order some 10%consideration will be given for the contents of your objections and exparte judgment will be pronounced . since because you have not cross examined your wife so normally her false allegations are taken as true a judgment may be passed in her favour.
Even if it is exparte the Court will take its own time to record the evidence of your wife by way of affidavit evidence and get marked the documents . If you have filed your objections then at the time of final order some 10%consideration will be given for the contents of your objections and exparte judgment will be pronounced . since because you have not cross examined your wife so normally her false allegations are taken as true a judgment may be passed in her favour.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Ex parte evidence is the gathering and examining of evidence by only one party in a dispute before an adjudicating authority, thereby preventing the other party from presenting it. Ex parte evidence is often used to reach judicial decisions.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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