Legal Question in Family Law in India

hello sir

my brother stays abroad, his wife booked divorcee case, she mentioned tht he is abroad, due to his contract he cud not comr to india since 2 yrs, can court give ex-party inspite of knowing tht he is abroad , could not attend court.

she is married to other man. i would like to know "how can court issue ex-party in his absence".


Asked on 11/10/10, 5:28 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if after service of court notice your brother did not appear in the court in person or through advocate, the court has no choice but to proceed ex parte. Your brother may move for an application to set aside the ex parte decree.

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Answered on 11/10/10, 8:49 am


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