quesRespondent in divorce case denying to appear in court. What to do?

dear Sir , i was file a divorce file in section 13 of hma which was converted in the 13b after 3 year after settlement but this file was rejected by the court and pass an order that file new case in section 13b hma . So we have appeal in the high court which is accepted so court give the date 22 April 2015 to apper in the court after issue summon but post and dasti to respondent but the respondent deny to accept the summon and not go in the court on 22 apri after that court says we will send again sommon and will fix a date within one week but still no any date showing in court.What should i do?

  • ans

    Your query is silent on 

    1. whether you signed an settlement agreement?

    2. whether you had appear before district court or high court?

     

    We suggest you to first inspect the file and see the order of 22 nd Appril where court has given next date. Incase in the order the next date is not mentioned, ask your lawyer to move an application for giving you next date of hearing or mention the matter before the matter.

  • ansThe date of hearing was fixed by high court thus, if the respondent is not appearing in court, the respondent is defying the order of high court. Clearly a case of contempt is maintainable against the respondent.

    Advocate Ashima Puri

      Saket District Court, Delhi

  • ansYour query is silent on
    1whether you signed an settlement agreement?
    2. whether you had appear before district court or high court?

    We suggest you to first inspect the file and see the order of 22 nd Appril where court has given next date. Incase in the order the next date is not mentioned, ask your lawyer to move an application for giving you next date of hearing or mention the matter before the matter.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

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