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Can I refuse to appear in high court after receiving summons
29-Apr-2023 (In Divorce Law)
I received summons from high court in matter of set aside ex-partee divorce decree.. in lower court judge already refused my husband application and I get order in my favour..now can I refuse to get appear in high court.
Dear
When you received summon from high court first time ... you should be appear on that time in court. summon is treat as order from court. You won the case in lower court its good. But your husband has write to go upper court.
So you should appear in high court on date that mentioned on summon. Contest you case . Thanks
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You can refuse to receive summon, the process server will report that you have refused. The high court judge will treat the same as service and heard the matter in your absence i.e you shall be heard ex-partee. Though the application of your husband will be heard on merits and documents but you will not get a chance to defend the application. so you decide if you want to defend the appeal before high court or not, if there is so strong evidence and other things you may choose , but if the application is allowed, you might repent not appearing before high court. I suggest you approach a lawyer along with all case file papers to discuss the merits of the case.
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Adv. Pratik Duhan
Panipat | 50+ Answers
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You need to appear in High Court otherwise Court has power to decide his application ex parte.
Appealing in High Court is his right and you need to reply to his application stating your points and hire the services of an advocate of High Court of your State.
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Adv. Rohit Malhan
Hisar | 25+ Answers
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No you have to appear otherwise Hogh Court will proceed you exparte. If you appear then you cam tell each and every fact to the Court that will be more benificial for you and moreover each amd every order will be pass in you presence
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Adv. Tushar Pahwa
Rohtak | 25+ Answers
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If u don’t appear after receiving summons than Court may decide matter against you expartee. It will be better for you to appear in honable high court. U can also discuss other details with me. Bt firstly engage your council in high court and appear in case.
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Adv. Lalit Goyat
Hisar | 25+ Answers
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