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What action can be taken when respondent is not appearing for hearing?


08-Oct-2023 (In Family Law)
Dear Sir/Madam My name is Biswarup Kar Paine and my mother had filed domestic violence Act 2005 U/S-31 against the my maternal uncle & another and my mother's evidence as well as my evidence is completed so the court have fixed U/S-313 Cr.Pc but every time that accused persons are not present in court and the court giving so many chancess to the accused persons however they are not come . My mother's advocate prayed for BWA or fine but the court did not allowed the prayer and now court given further dated of 313 . So what is the solution ? Really have any solution in this reagard ? Day by day this is going on ( 313 ) but the court do not take any action and my mother has suffer now . What can I do ? Please give me some advise in this regard because not only one chance , two chance is here , here is above 10 chancess so pls give me some advise . Thank You .
Answers (3)

Answer #1
789 votes
Write an application to the court to issue a warrant against the respondent. If he still does not appear in court, Request the court to declare him as absconding. After that his property shall be attached and might be sold off if he does not appear.
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Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRato Delhi | 5+ Answers
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Answer #2
881 votes
kindly ask the respective court to dispose of the case or state in the order what exactly is the court wanting to do, accordingly with such order move to higher court for appeal. That would serve them right.
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Advocate Aveek Bose

Adv. Aveek Bose

LawRatoKolkata | 1000+ Answers
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Answer #3
783 votes
It is the duty of the Ld.Court to ask questions to the accd. Persons and to make appearance of the said accd by the Ld.Advocate on the said were. If the accd persons do not come purposefully then W/A clay be issued
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Advocate Indranil Ghosh

Adv. Indranil Ghosh

LawRatoAsansol | 25+ Answers
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