Plaintiff not appearing in gwop case

585 votes

If your wife, as the petitioner in the Guardians and Wards petition, has stopped appearing in court along with her counsel, and you have already filed a counter providing facts and evidence of custody rights granted by a U.S. court, there is a likelihood that the case may be dismissed for non-prosecution if she fails to attend future hearings. When a petitioner repeatedly fails to appear in court without a valid reason, the court may dismiss the petition by default due to non-prosecution, especially if there is no further progress on her part. The court will likely give multiple opportunities for her to appear, and if she continues to be absent, the case may be dismissed. Since you have filed a counter with relevant facts and evidence of custody rights from the U.S. court, the court may take this information into account. Indian courts generally respect foreign custody orders, provided they align with the best interests of the child, and they are not in violation of Indian laws or public policy. If the case is dismissed, you can request a certified copy of the dismissal order to confirm the case’s closure. This document will help if there are future disputes, as it establishes that the petitioner failed to pursue the case. However, if the case is not dismissed, you may consider filing an application requesting dismissal on grounds of non-appearance, further supporting your custody position with the court. It would be wise to stay updated on the case status through your counsel, as courts sometimes provide final notices before dismissing a case due to repeated non-appearance.

Advocate Rohan Venkatesh Yemul LawRato

692 votes

Yes, if your Wife and her Advocate does not appear continuosly, then, the case can be be passed in your favor, by passing an Ex Partee Decree in your favor under the concerned provisions of the CPC, 1908.

Advocate Pankaj Bajaj LawRato