Legal Question in Family Law in India
I have got a exparte order on divorce,custody of child,visitation,maintainence in my favour... but my wife has put an setaside which I have opposed on the grounds that 31 hearings have passed and she has appeared for more than 60% of the hearings and has not proceeded further in the case/ gazette publication that all matrimonal cases have to be finished within 1 year and here in this case 3 years have passed...
1. what are the chances that her setaside will get dismissed in my favour? any previous citations for this?
2. she is still not complying with visitation orders, what is my remedy to make her comply?.. I have proof that she has ill tutored the child against her father.. should I put in this video clipping?
2 Answers from Attorneys
Usually exparte orders are set aside.
You can use the video clipping to prove malafides.
warm regards
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even though you are opposing on justified ground but she may be able to set aside the decree.