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shivani (housewife)     03 October 2013

Please help:divore case

my husband has filed a divorce case..1st hearing is on 16th october.. i received the petition on 15th september... so can i remain absent on the 1st hearing ? suppose main nahi jaun and meri taraf se koi lawyer bhi nahi jaaye toh kya iska koi negative imact hoga merepe?? please advice..... initially main kitni dates pe absent ho sakti hun??



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 6 Replies

Adv. Chandrasekhar (Advocate)     03 October 2013

My suggestion is not to avoid court dates.  Appear yourself or send duly authorized advocate.  First a few dates will be allocated for conciliation and failure of that you will be asked to file the reply to the petition.  The case will be decided on merits and it will take not less than three years.  so attend the court instead of waiting for the court order for ex-parte and later on moving an application from your side to set aside ex-parte order, which is more head-ache.

hemalatha (senior)     03 October 2013

I would advise you to attend your first hearing of the case. If you have genuine reasons and have decided not to attend the first hearing then at least make an Advocate to appear on your behalf and let the court know why you have absented yourself. Try to be regular in appearing before the court and try to contest your case effectively. 

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

If you do not appear or make an appearance through your lawyer on the 1st appearance despite receiving summons, you stand losing the case in the first hearing itself, the court can set you ex-parte and with an ex-parte evidence your marriage can be dissolved, do not risk law.

Adv k . mahesh (advocate)     07 October 2013

without going to court means this will give a upper hand to the other party and on this point in another hearing he may request the court to give the exparte order in his favour 

in next hearing appear and take time to appoint a lawyer and appoint a lawyer who will fight for your cause 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2013

completely agree with experts, nothing left to add

Reformist !!! (Other)     28 October 2013

As far as i know, u can skip 1st 3 dates and then appear on 4th date . This way u can avoid ex-parte orders.


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