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Is it compulsory to appear in court if case has been transferred
03-Aug-2023 (In Divorce Law)
My counsins wife has filed divorce transfer petition under sec25 at supreme court,we are ok with it and have no problem,we just wana know that if we don't appear on any hearing whether it will get ex party and will get transferred and how much time max. it will take,or some other case she will charge on us if not appeared or whether our divorce case will get lapsed.or we should hire a lawyer just to give our acceptance at court on hearing day so as to transfer it at the earliest.please help and suggest.
Its in your own interest to appear through a lawyer and give your consent if you dont have objection for the case to be transferred. It will show your bonafide and good conscience on record. Non appearance may of course result in passing exparte but also in presenting your non cooperation which could be used against you in not only supreme Court but also in trial court.
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Adv. S P Srivastava
Delhi | 200+ Answers
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Can court reject divorce?
Listen to this loudly A court may dismiss your divorce petition if you have not resolved all issues relating to the childs welfare and custody. Hindu Law allows for divorces that are not contested.
Can divorce case be taken back?
This is important to say out loud. You and your spouse should be on the same wavelength. Sign a motion for dismissal of the divorce, a release without prejudice notice and submit the documents to the court. This article will help you understand how to withdraw divorce petitions from India. 13 Oct 2022
Who can withdraw a divorce case?
Hear it out loud This is a simple and easy divorce method. Even during the six-month period between the first motion and the second, either party can withdraw their application by filing with the court stating that they dont want a mutually agreed divorce.
How can I get my wife divorced without maintenance?
It is possible to file for a divorce contested in court. If the court finds that there are enough reasons for you to not pay maintenance to your spouse, it will grant this. Please contact a lawyer who specializes in Divorce cases.
Hi, you may do at your choice. but if you are comfortable to defend the case, that will be done also. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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As the wife has approached Supreme Court for transfer of case from one Court to another, the procedure is as follows
The petition will be listed for hearing.
Upon arguments, the Court may admit the petition and issue notice to respondents.
Upon receipt of notice, the respondents are free to file a counter indicating reasons why the petition should be dismissed.
Thereafter, the petition will be heard in Court on a date fixed.
You see free to appear in Court with your lawyer. If you don't then an ex parte order may be passed.
It takes about 3 to 6 months.
The petition will be listed for hearing.
Upon arguments, the Court may admit the petition and issue notice to respondents.
Upon receipt of notice, the respondents are free to file a counter indicating reasons why the petition should be dismissed.
Thereafter, the petition will be heard in Court on a date fixed.
You see free to appear in Court with your lawyer. If you don't then an ex parte order may be passed.
It takes about 3 to 6 months.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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Yes it is compulsory to appear if the notice has been served on you.If no objection has been raised by you for the transfer petition then it should not create any hindrance in the transfer.Generally court suo motto looking into the facts transfers the petition,Therefore yes you have to engage a counsel for the same.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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