674+ Lawyers are online 
Wife not appearing in court how to dismiss case
17-Apr-2023 (In Family Law)
There is a maintenance case filed by wife against husband. Wife is staying away from husband for 3-4 years. There has been two dates one in which husband asked for extension to respond and the other was lok adalaat. On both the dates wife was not there in the court. If there is possibility of wife not pursuing the case any further, what are the ways out ? In what circumstances a case is dismissed by court ?
If the counsel is appearing on behalf of the wife then there is no issue. Some times due to some circumstances party is not able to appear. In case in few dates wife and counsel does not appear then the court will dismiss the case in default
Helpful?
43+
43+
Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
CONTACT NOW
The case can be dismissed if your wife and his counsel have not being appearing before the court. Though the can get the case restored on a later date if they have a genuine reason for their non appearance.
Helpful?
45+
45+
Adv. Prashant Kumar
Delhi | 100+ Answers
CONTACT NOW
Sir,
From your statements it is not clear that whether only your wife is not appearing or both she and her advocate.If the second possibility is there ,then only there is possibility of dismissing the case.
From your statements it is not clear that whether only your wife is not appearing or both she and her advocate.If the second possibility is there ,then only there is possibility of dismissing the case.
Helpful?
34+
34+
Adv. Anand Shukla
Delhi | 100+ Answers
CONTACT NOW
Look it is on the court to decide how many opportunities t \o be given to a person who is not appearing before the court. But if she keep on being absent from the court proceedings then the court will surely dismiss the application in default. As you have told that one adjournment was taken by you and in total she has not appeared two times i think the court will give her few more chances, but if she donot come next time also then you should move an application praying for dismissal of the petition on the ground of non follow up, in any case of rejection or allowing of your application, you will be in benefit as you application will come on record and later on appropriate stage you could again press it if she keeps on being absent.
Helpful?
32+
32+
Adv. Akshay Kumar Verma
Delhi | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
