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NM (j)     25 May 2017

Unable to attend family court

In my last preceding date in Family court, I couldn’t attend it due to some illness. The court has asked to appear personally on the next date and said that it will be my last chance to start cross examination, as I have to start cross examination of my wife. The next date is still 30 days far. Now coincidentally I have some exam which is due on my next hearing date. Can I contact the family court today itself or should I wait till the next date and send my lawyer? How will the court react?


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 12 Replies


(Guest)
Originally posted by : NM
In my last preceding date in Family court, I couldn’t attend it due to some illness. The court has asked to appear personally on the next date and said that it will be my last chance to start cross examination, as I have to start cross examination of my wife.

The next date is still 30 days far. Now coincidentally I have some exam which is due on my next hearing date. Can I contact the family court today itself or should I wait till the next date and send my lawyer? How will the court react?
 

YOU SHOULD WAIT AND SEE HOW COURT REACTS.  NO OTHER OPTION.

Mukesh sharma (job )     26 May 2017

Hell you would be request from court for change  your date or you send your lawyer on same date who will tell court for you are not able to come on same date in court due to some reason and he could get other date for cross exam than you will present in court...

 

Ms.Usha Kapoor (CEO)     26 May 2017

You send your Advocate to court fo rasdjournment and posting it  to a laterdate citing your exam as the reason fo rnot being able to attend court.What's going to happen let us wait and watch.

sai narayana   26 May 2017

For cross-examining her, is your presence compulsory? Your lawyer is not capable enough? Anyway nothing to worry. Ask your advocate to file a memo with your exam dates.

 

NM (j)     26 May 2017

Sir, I don't have any advocate, Can I go on an advance/before next hearing date with my exam details and tell the details? Will the Court entertain me in advance?

sai narayana   26 May 2017

Originally posted by : NM
Sir, I don't have any advocate, Can I go on an advance/before next hearing date with my exam details and tell the details? Will the Court entertain me in advance?

If on the said date can someone from your side attend the court and intimate the reasons for your absence? If not, you have to file restore/reopen the closed cross-exam (if it closed) on next hearing date under Order 9 Rule 7 of cpc.

NM (j)     26 May 2017

Thanks Mr Sai Narayana ji for your technical reply .... This is can be done by my real brother. One last Question, Can I present myself before the family court say 4-5 days before the actual hearing date and brief the judge. Will the court hear me?

sai narayana   26 May 2017

Originally posted by : NM
Thanks Mr Sai Narayana ji for your technical reply .... This is can be done by my real brother.
One last Question, Can I present myself before the family court say 4-5 days before the actual hearing date and brief the judge. Will the court hear me?
 

That can be done in legal terms it's request for postpone/deferment of hearing date but prior notice should be given to opposition lawyer. That means, you have to file a memo in court duly stating the reasons for seeking postponement/adjournment but that original memo copy (enclose your hall ticket also) you are filing in the court should be endorsed by opposition counsel to prove that he also received a copy of the same memo from you.

If the court and your wife's lawyer are also nearer to you, you can do that exercise otherwise plan it depeding upon the outcome of the proceedings on the day of your absence.

NM (j)     26 May 2017

I won't be able to endorsed it from my wife or her lawyer. They will simple won't oppose.

NM (j)     26 May 2017

I won't be able to endorsed it from my wife or her lawyer. They will simple oppose it.

NM (j)     27 May 2017

Only to make me harass, whatever I want they will oppose.

(Guest)
Originally posted by : NM
Only to make me harass, whatever I want they will oppose.

What is your problem? 


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