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Divorce suit and non appearance of other party
13-May-2023 (In Divorce Law)
Hello sir/mam
my sister filed a divorce suit..but its 2 years.ow..and there have been 4 dates but the other party does not appear on dates.my question is till when we have to give notice and dates and if he do not appear then will this continue infinitely?
If husband is not appearing then the court will grant ex parte divorce decree in favour of your sister. Also if the court is not granting the same ask your lawyer to please the court by showing the deliberate defiance of the husband to the summons of the court. For any further legal assistance please feel free to contact
Thanks
Thanks
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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What happens if not attending court?
The suit can be dismissed if, on the date of the hearing, neither the plaintiff nor the defendant attends and participates in the hearing. The Court can dismiss the case if both parties are not present when the hearing is called.
What happens if respondent does not appear in court?
A Decree ex parte is a decision made in the absence of a defendant. Even if the summons has been served, if the defendant fails to appear at the hearing date and only the plaintiff appears, the Court can still hear the case ex parte.
What happens if you avoid going to court?
What happens if I avoid court?
Hello Sir,
If upon filing of the correct address also they are not appearing then you can ask the Court to proceed Ex-Parte ie., in the presence of one party the matter shall be heard. Please move appropriate Application for the same.
Best
Sishmita Kumari
If upon filing of the correct address also they are not appearing then you can ask the Court to proceed Ex-Parte ie., in the presence of one party the matter shall be heard. Please move appropriate Application for the same.
Best
Sishmita Kumari
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Adv. Sishmita Kumari
Delhi | 100+ Answers
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Actually these are civil cases where you are seeking dissolution of marriage from family court, if the party does not appear responding to the notice issued for reasonable dates which has certainly passed in your case, you can always ask the court to set the other party exparte and continue the case in his or her absence. It is pertinent to state that courts are well in their power to pass judgments in the absence of the party defendant if someone does not appear
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Adv. Ujjwal Jain
Delhi | 200+ Answers
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