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Prasad (Systems Engineer)     29 August 2014

Is first time non appearance a violation of legal process?

Respected Experts,
 
6 months before, I filed for divorce on cruelty grounds. This is in family court.
As the 3 rounds of mediation failed, the judge asked her to file counter by Sep 1.
 
Having travelled 450 kms every time for 10 days so far and have taken 10 days of leave,
I wanted to see whether I can skip the appearance on Sep 1.
I have not skipped any of the earlier 4 court appearances and 3 appearances for mediation talks.
 
So, I checked with my lawyer.
 
He said that the judge for the court has been changed.
And the new judge takes divorce cases only on Wednesdays.
So, he can appear on behalf of me and get next dates for appearance.
Hence, he said to me that I can skip Sep 1 appearance.
I am not sure whether she will file counter on that day as I believe she wants to drag the case.
 
Assuming she files counter on Sep 1 and If I am absent on that day, will I violate any legal process?
Please advice and guide me.


Learning

 1 Replies

Prasad (Systems Engineer)     30 August 2014

Experts ... Please comment on my query.


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