Restitution case pending in appeals. Husband moved to USA. What to do?

218 votes

Usually there is no practice of complainant bearing expenses to bringing the opposition party other than cost for service of notice.

If in case NBW is issued then it becomes the responsibility of the state to execute the warrant.  

You tell the judge that you are ready to bear the cost if you sepcufy the amount. I don't think that observation was made on serious note. It would have come up during the discussion.

I am very sure you won't be asked to pay cost if his ticket.

LawRato LawRato

874 votes

Usually there is no practice of complainant bearing expenses to bringing the opposition party other than cost for service of notice. If in case NBW is issued then it becomes the responsibility of the state to execute the warrant. You tell the judge that you are ready to bear the cost if you sepcufy the amount. I don't think that observation was made on serious note. It would have come up during the discussion.

I am very sure you won't be asked to pay cost if his ticket.

Regards,

Sandeep Hegde

Advocate Sandeep Hegde LawRato

877 votes

If your husband has shifted to USA and not appearing to court proceedings then the Appeal will be disposed off in his absence. Normally in Appeal presence of parties is not mandatory and appearance of counsel is enough. You can request the judge to direct your Husband's Counsel to keep you husband presence before the court.

Advocate Jagadish N LawRato