Family Law matter - What are available options for me?
Situation : - Main Matter - Matrimonial (HMA) filed in 2015 by husband (Petitioner) in Trial Court.
- Wife declared ex-parte Jul 2017 in Trial Court
- Evidence closed by husband in Oct 2017 in Trial Court.
- Her exparte set aside in Nov 2017 (contrary to law - as once evidence is closed, exparte order cannot be set aside as per Supreme Court rulings) in Trial Court.
- Wife's defence struck off - Mar 2018 (for abuse of law, non-compliance & failure to file written reply in 2+ years despite of proper summoning and appearances) in Trial Court.
- Wife move HMA 24 application in Trial Court in Mar 2018.
- She approached (under Article 227) Punjab & Haryana High Court where defence struck off was set aside in Apr 2018 (Illegal order - Without Jurisdiction under Article 227, Without Notice, Without Opportunity, Without Hearing to husband)...However Court wrote "husband if disatisfied can request to recall this order ")
- Based on this order (which was actually null & void for being illegal), wife submitted written statement in Trial Court.
- Husband applied for Recall in Jun 2018 and Court issued Notice to Wife for Nov 2018 (very late) without recalling. (Illegal Order ...as Recall needs no notice)
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