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First hearing advice on DV case


01-Jan-2024 (In Divorce Law)
Please clarify the below - 1. What happens to petitioner in first hearing 2. What happens to respondents in first hearing 3. If the notice is not received by the respondents means what is the process have to do by petitioner and when the notice will be sent. 4. If the respondents is not present and petitioner only going to first hearing, how it will happens
Answers (2)

Answer #1
796 votes
Dear Sir, My answers are as follows: 1. Petitioner or his Advocate must appear on the first hearing and to check whether proper summons are received by the Respondent if received and Respondent did not represented then request the Court to place Respondent ex-parte and to proceed.  2. If Respondent receives the summons or notice then he should appear before the Court either in person or through Advocate and another date will be given for filing objections. 3. If summons are returned as refused then it will be deemed served otherwise you have to take further summons by giving new address. 4. This is defined in Civil Procedure Code and everything cannot be thought on this online you may read Order 1 to 20 of Civil Procedure Code between the lines.
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Advocate Kishan Dutt Kalaskar

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Answer #2
508 votes
first hearing is only for notice. if the respondent receives it, he will appear through advocate. if the notice is not served on him. again notice will be issued. if petitioner only present then, he only present before the court. Court will give another date if it is not served on respondent.
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Advocate Anindita Chakraborty

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