Format of Application under Section-10(6) of the Family Courts Act,2023.

 

In the Court of the Learned Judge, Family Court, [Name of the District], Bangladesh

Mise. Case No. [Serial No.] of 2025 (Arising out of Family Suit No. ……./2025)

IN THE MATTER OF:

An Application under Section 10(6) of the Family Courts Act, 2023    for setting aside the ex-parte judgment and decree passed against the petitioner/defendant in Family Suit No. ……../2025.

AND

IN THE MATTER OF:

[Name of Defendant/Petitioner], Son of [Father's Name], of Village: [Village Name], Police Station: [Police Station Name], District: [District Name]......................... Petitioner/Defendant

- VERSUS -

[Name of Plaintiff/Opposite Party], Daughter of [Father's Name], of Village: [Village Name], Police Station: [Police Station Name], District: [District Name]......................... Opposite Party/Plaintiff

MOST HUMBLY AND RESPECTFULLY SUBMITTED ON BEHALF OF THE PETITIONER/DEFENDANT:

1.      That the Opposite Party/Plaintiff filed the aforementioned Family Suit No. ………./2025 against the Petitioner/Defendant, and the Petitioner, upon receiving the summons, duly engaged a lawyer to defend the case.

2.     That on the date fixed for filing the Written Statement (Jawab), the Petitioner's engaged lawyer sought an extension of time, which the Learned Court was pleased to grant.

3.     That thereafter, the Petitioner was preoccupied with the urgent and critical medical care of his ailing mother, which rendered him unable to maintain regular contact with his lawyer. Simultaneously, his lawyer failed to duly inform him about the status and subsequent hearing dates of the suit.

4.     That as a result of this inadvertence and the compelling circumstances, the Petitioner/Defendant could not file his Written Statement, and to his complete surprise and ignorance, an ex-parte judgment was passed on ……./……/2025, followed by an ex-parte decree dated …../…../2025 in the said Family Suit.

5.     That the Petitioner had no knowledge of the said ex-parte judgment and decree. Upon his mother's health partially stabilizing, the Petitioner visited the Court and communicated with his lawyer on ……./………/2025, at which time he first became aware of the ex-parte orders.

6.     That the Petitioner has a strong, bona fide, and meritorious case to contest the suit on its merits, and his non-appearance was not intentional but due to the "sufficient cause" of his mother's illness and his lawyer's failure to communicate.

PRAYER

Therefore, it is most respectfully prayed that Your Honour may graciously be pleased to set aside the ex-parte judgment and ex-parte decree dated ……../……../2025 and ……/……/2025, respectively, passed in Family Suit No. ………./2025, and allow the Petitioner/Defendant to file his Written Statement and contest the suit on its merits.

AND FOR THIS ACT OF KINDNESS, YOUR PETITIONER SHALL EVER PRAY.