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False Return of Dowry case filed - No representation and set exparte


21-Nov-2023 (In Family Law)
Hello Experts! This is regarding a false Return of Dowry case filed by the wife on the husband. Summons were never delivered to the husband as they sent to the native place and door was locked. But during the first court hearing date the status is updated in ecourtsServices as "Through court & Registered Post returned unserved stating that door locked. The matter is placed before the Presiding Officer. Petitioner present. Respondent called absent. No representation and set exparte. For Petitioner evidence call on December 2019". Q1) What does the above status mean? Q2) Is that the husband lost the case in lower court? Q3) Can the husband appeal for this exparte order? Q4) What should be the course of action? Q5) Can the husband give Power of Attorney to a lawyer to represent on his behalf and attend the court only for critical stages of the case? Thank you!
Answers (3)

Answer #1
903 votes
When the summons are not served court cannot place someone exparte the judge has failed to apply its mind and done mistake in placing you exparte appoint a lawyer and ask him to file vakalath and necessary application to set aside exparte order
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Answer #2
758 votes
door locked is assumed as a service of notice , the court now placed you in exparte and passed order against you means you are not interested in case hence one side may be heard and pass the judgement and its absolutely go against so appear before court and file application to set aside exparte order consult advocate they guide with you procedures.
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Answer #3
944 votes
Please give clear information with regard to the case file. if it is Dowry case it will be criminal in nature, warrant will be issued to you. That can be recalled by engaging the service of lawyer and you can also file a regular Bail Application at the same time.
I don't think so it is 498A case. If you have placed exparte, that order can be recalled by giving the proper reasons. you need to engage a lawyer and file an application to set aside the exparte order. And once it is allowed you will come on record and can contest the matter before the Court.
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