smille please (hr) 29 July 2014

Advice needed pl

one contested divorce case is been dismissed due to pettioner non apperance. during enquiry...,

.after 90 days he again filled IA case in the same sub court asked to restore his old case..since he was in usa .that time......it is been accepted, &sent copy to his wife....next hearing probably next week,....

what she has to do.....her parents got that courier....

2yrs back she filled rcr in chennai...no response from his side as he is residing in usa....

he filled case in his vellore district....

almost 2 yrs over....again hearing started for her.....'

does she need to go for next hearing.....becoz her lawyer in chennai asked her to go in person most of time....she have 12 yr s boy....what to do......

will the case be ex partee...with in 2months....

advice pl...

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2 Replies

Tajobsindia (Senior Partner ) 30 July 2014

1. It means, both parties respective cases have been re-instated in respective Jurisdiction Courts.

2. For ex parte proceedings party has to press for the same showing non-appearance of respondent party.

3. There is no time limitation that in 2 months it will be announced ex parte. It all boils down to para 2

[Last reply]

T. Kalaiselvan, Advocate (Advocate) 01 August 2014

If she has received a notice from the court, she has to appear before the court without fail on the date of hearing or else she will be set exparte and an exparte decree will be pronounced against her, better not to undertake risk by not appearing before the court on the date of hearing.