Divorce - not appearning

Harsha Harsha (Querist) 22 February 2012 This query is : Resolved
My husband has applid fr divorce but he didnt appear in court fr 3 hearsings. Judge has given next hearning. What will happen if he is not appearnin in that day too?
I have spent fr my lawyer fr all these 3 days and counter cost also. But my lawyer told that this may be dismissed if he not appearing in next hearning. My doubt is whether my husband will b intimated of that his case will b dismiss>? (i mean whether any notice willb sent to them?)

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Ghanshyam Prasad (Expert) 22 February 2012
presumption is that your husband is not intrested. let the case be dismissed in default.no need to give notice.

adv. rajeev ( rajoo ) (Expert) 22 February 2012
it may be dismissed for default.

Guest (Expert) 22 February 2012
No notice as your husband applied for divorce and now if the next time he is not present then it will be dismissed in default.

Rajeev Kumar (Expert) 22 February 2012
If your husband abstain on next hearing then the case will be dismissed on default

Raj Kumar Makkad (Expert) 23 February 2012
If your husband or his lawyer do not attend the hearings, the petition shall stand dismissed and there is not need to send any notice in this regard by court.

prabhakar singh (Expert) 23 February 2012
Only when neither your husband nor his lawyer appear on the next date fixed by court,the court in it's discretion shall pass order of dismissal of his petition.
No notice of dismissal is sent because law expects from parties to know themselves about each development of their case after filing of or appearance in the case .

Shonee Kapoor (Expert) 23 February 2012
you have not told whether his lawyer is appearing or not?

What is the stage of the case.

If they both don't appear, it can be dismissed in default.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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