This is another ex parte order in the DV Case. Since there is no challenge to the averments of the Knife in the petition, Judge liberally allows reliefs.
Tag: Ex Parte Order
Nagisetti Madhavi Vs Nagisetti Anil Kumar on 28 December, 2017
This is a DV case wherein the husband never joined the case proceedings and hence was set as ex parte. And then the requested reliefs are granted to knife.
Morgan Stanley Mutual Fund Vs Kartick Das on 20 May, 1994
Awesome judgment from Hon’ble Apex Court on when can a party be set ex parte.
As principle, ex parte injunction could be granted only under exceptional circumstances. The factors which should weigh with the court in the grant of ex parte injunction are –
(a) Whether irreparable or serious mischief will ensue to the plaintiff;
(b) whether the refusal of ex parte injunction would involve greater injustice than the grant of it would involve;
(c) the court will also consider the time at which the plaintiff first had notice of the act complained so that the making of the improper order against a party in his absence is prevented;
(d) the court will consider whether the plaintiff has acquiesced for sometime. In such circumstances it will not grant ex parte injunction;
(e) the court would expect a party applying for ex parte injunction to show utmost good faith in making the application;
(f) even if granted, the ex parte injunction would be for a limited period of time;
(g) general principles like, prima facie case, balance of convenience and irreparable loss would also be considered by the court.
Gali Lakshmi Vs Gali Venkaiah on 30 August, 2017
In this Ex Parte Order under DV Act at Nellore Court, Judge has allowed Maintenance “on account of acts of desertion by the respondent”
