Advice

5 years ago

My wife filed a case against me, after living separately for 11years.She is doing a private job with 1.5 lacs/month salary. She filed for divorce and one time settlement. I attended the court in the first summon. Since then I was never summoned or informed about the court proceedings or dates or even about the final judgment/decree.Now I received a summon after one year, as to why I didn't pay the sum of 10 lacs as ordered by court .

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ROBERT D ROZARIO

Responded 5 years ago

A.Since you already attended the court after receiving the summon, you should have kept a follow-up either by yourself or through an advocate. Ignorance of law excuses no one. Since you did not contested the divorce proceeding by filing w/s your defence was struck down therefore ex parte decree for divorce and maintenance was drawn and passed. Now you need to get the copy of the decree from the court. You might have to approach the high court for appeal/revision and also file a condonation application u/s 5 of the Limitation Act. But be clear, high court might impose exemplary cost for condoning the delay. But that is the discretion of the court, it might not also impose any and allow your condonation application, depending on the grounds of delay and other circumstantial facts. For better guidance you can contact me through Vidhikarya along with copy of the case records and judgement.

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Bharat Pawar

Responded 5 years ago

A.If you share the previous case history then we can help you.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Did you hire any lawyer? If hired then your lawyer should be kept and inform all received documents and order from court. You should be attend court proceeding. what order has been issued by court is need to be check out first.contact with our vidhikarya lawyers and provide us your last court order.

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Sunil Tripathy

Replied 5 years ago

Shouldn't I be notified about the day on which the final hearing took place before declaring me exparte?Shouldn't I be notified about the final decree that went against me? I didn't receive a single piece of paper from court except for the first summon and the one now asking me to show cause after one year of deliverance of the decree. Was my lawyer in cahoots with the opposition in suppressing my counter, filed exactly seven days of receiving my first summon and attending court? Please advise.

Ashutosh & Co

Responded 5 years ago

A.For ur qurey u have to cheek the previous order of the court tgen only we can guide u

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Prabir Kr. Chakraborty

Responded 5 years ago

A.Contact immediately with a Lawyer through Vidhikarya, execution of proceeding may heavily be injurious to you.
PKC, Adv.

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Ramalingaiah Mulakatte

Responded 5 years ago

A.It means that though you had accepted summons and attended the first date of hearing but it appears that you did not file your written statement, nor contested the suit. You need to get a copy of the decree from the court and if you wish challenge it before Hon'ble High Court. Contact any local Advocate from this portal.

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Sunil Tripathy

Replied 5 years ago

After getting my first summon and attending the court, I had filed a counter within seven days. I have the copy of it with the signature of my advocate and myself with affixed stamp. Now my lawyer says he had filed it, but it doesn't show in the court records. I was away on govt service. Whom should I approach. Please advise.

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