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Summons to petitioner to appear in person


12-Apr-2026 (In Divorce Law)
My son in law who is an US citizen (born in India and became US citizen in 2023. Currently living in USA) filed divorce case against my daughter in Feb 2025. Both married in 2024. After the counseling the counsellor report was for his personal appearance. The judge ordered for his personal appearance in Jan 2026. But he did not appear citing the reason not got leave. In Jan 26 the judge gave another chance to appear in Apr 26. If he fails again what would happen? What my daughter has to do next?
Answers (4)

Answer #1
937 votes
since the marriage happened how long they lived together and wat was the reason for him to file the divorce and if your daughter wants a reunion then the mediator or the counselor would give them more chances till he appears in person but also he can come in virtual mode for mediation
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Advocate Bobby Portia

Adv. Bobby Portia

LawRato Chennai | 25+ Answers
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Answer #2
843 votes
If the husband fails to appear again despite specific directions from the Court, the Court will not keep granting unlimited opportunities. In such situations, the Court may proceed ex parte against him or take adverse inference regarding his conduct. Since it is his divorce petition, his non-appearance can also lead to dismissal of the petition for default/non-prosecution. This will work in favour of your daughter, as the case filed by him may be closed. From your daughter’s side, she should: Ensure her continuous appearance through counsel. Record his absence on each hearing. File a memo seeking appropriate action (either to set him ex parte or dismiss the petition). If required, she can also initiate independent proceedings (maintenance, restitution, or even her own divorce case) depending on her interest. If he is deliberately avoiding appearance despite Court orders, it strengthens your daughter’s position. Courts take such non-compliance seriously, especially after granting multiple opportunities.
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Advocate Hemalatha Narayanan

Adv. Hemalatha Narayanan

LawRatoChennai | 100+ Answers
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Answer #3
996 votes
yes mam, as you said if your son in law repeatedly absent while hearing period; judge may pass order without his appearance if that judge thought he intently refused to appear before court. so you should prove he purposively not appear before court. so judge may order exparte in favor of your side of judge satisfied
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Advocate Sri Siva Darshini T

Adv. Sri Siva Darshini T

LawRatoMadurai | 25+ Answers
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Answer #4
615 votes
If he not appeared continuously even after summoning Judge may dismiss the divorce for his default. Ask your daughter to ask judge whether Video conferencing system is available in that particular court . If available ask judge to direct her husband to appear through VC
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Advocate Sudharsan K

Adv. Sudharsan K

LawRatoTirupur | 5+ Answers
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