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Author Topic: Child custody- appeal against removal of ex-parte proceedings  (Read 531 times)

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Offline manoj2015

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Hello,
I need opinion on child custody case (under GWA ACT 1890,Section 25)-
1)Respondent gave false reasons for removal of -ex-parte proceedings.
2)Time limit of 30 days passed (under law of limitation)after order of ex-parte proceedings passed in order sheet.
3)No affidavit attached with application for removal of ex-parte order.
4)Judge has accepted of respondent giving false reasons.
5)Judge had earlier himself ordered ex-parte proceedings in previous hearing and then on producing of false reason in simple application by respondent, overturned his own order without citing any reason but simple mentioning that child custody is sensitive case and as per settled principle, ex-parte is being set aside.

Can appeal be made against this order in High Court to set aside the removal of ex-parte ? How do I appeal against the order. What chances of winning the appeal ?

Offline advmisthi

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Re: Child custody- appeal against removal of ex-parte proceedings
« Reply #1 on: June 02, 2015, 04:10:07 AM »
Yes you can appeal to high court against the order passed by the lower court.
which city are you based in
Adv.Misthi Mukherjee
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