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Legal advice for not appearing in court for myself
05-Jul-2026 (In Divorce Law)
Ex husband applied for divorce first hearing on June 10,I didn’t appear,next was on July 4th,final call on July 23 which I will not appear and I am also willing to give divorce I have a girl baby I don’t need alimony or anything from him that’s why I didn’t appear but I need divorce too but the other party appeared for 1st and 2nd hearing what I should do further?
If you also want the divorce, it is not advisable to remain absent. Since the case is already pending, appear before the Family Court on the next hearing or engage an advocate to represent you. If you do not contest the petition, the court may proceed ex parte and decide the matter based on the available evidence. However, if you have any concerns regarding the custody, maintenance, or future welfare of your daughter, you should bring them to the notice of the court before the decree is passed. If both parties mutually agree to dissolve the marriage, you may also explore converting the matter into a mutual consent divorce, if legally permissible.
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Adv. Hemalatha Narayanan
Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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Based on your query, do not ignore the court proceedings. If you also want the divorce, it is advisable to appear before the Family Court on the next hearing date or engage an advocate to represent you. If you remain absent repeatedly, the court may proceed ex parte based on the available evidence. You may inform the court that you have no objection to the divorce and clarify your stand regarding alimony, child custody, and maintenance for your daughter. Since a minor child is involved, the child's welfare remains the court's primary concern. Obtain proper legal advice and participate in the proceedings to protect your rights. Family Court | Divorce Lawyer | Child Custody | Maintenance | Indian Divorce Law
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Adv. A.K Azey Kumar Rhakul
Adv. A.K Azey Kumar Rhakul
Madurai | 50+ Answers
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Hello Mam,
you can represent your case this hearing and tell the Court and your Ex-husband willing to give divorce and then file Mutual Petition. For better clarifications and for further discussions please feel free to contact us. Thank you
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Adv. Adhithyan C
Adv. Adhithyan C
Coimbatore | 100+ Answers
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Dear Madam,
From the information you have shared, I understand that your husband has filed a divorce petition and you have not appeared for the first two hearings. Since you are also willing to obtain a divorce, I advise you not to remain absent from the proceedings. If you do not appear on the next hearing date, the Court may proceed ex parte against you and decide the case based on the evidence produced by your husband.
Even if you do not wish to claim any alimony or permanent maintenance, you should appear before the Court or engage an advocate to represent you so that your consent to the divorce and your stand regarding your minor daughter can be properly placed on record. If you wish to seek custody or child maintenance for your daughter, the same can also be addressed before the Court.
Kindly share the following details so that I can advise you further:
In which Court and city is the case pending?
Have you received the copy of the divorce petition and summons?
Under which law has the divorce petition been filed?
Is your daughter presently residing with you?
After reviewing these details, I will be able to advise you on the most appropriate legal course of action.a
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Adv. Nickitha K
Adv. Nickitha K
Chennai | 5+ Answers
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If you are also willing to dissolve the marriage, it is advisable not to remain absent. Instead, appear before the court on the next hearing through an advocate or in person and place your stand on record. If you continue to remain absent, the court may proceed ex parte and grant a decree of divorce if the husband proves his case. While this may still result in a divorce, you would lose the opportunity to address important issues such as the custody, guardianship, visitation and maintenance of your minor child, record any settlement, or reserve your rights to initiate appropriate proceedings in the future. If the husband has made any false, defamatory or malicious allegations against you in the divorce petition, you may also lose the opportunity to effectively contest them before the decree is passed. If those allegations have caused reputational harm, or if you have suffered loss due to malicious prosecution or abuse of legal process, you may thereafter explore appropriate legal remedies, including proceedings for defamation or a claim for damages/compensation, subject to the facts and merits of the case. Therefore, even if you do not intend to contest the divorce itself, making at least one appearance is the more prudent course.
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Adv. Barath Kumar
Adv. Barath Kumar
Chennai | 25+ Answers
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