Case Procedure Question?
Querist :
Anonymous
(Querist) 23 April 2010
This query is : Resolved
Que.1.Dear Experts, If Respondent doesn't turn up for the First Hearing the Court would pronounce Ex-Parte Judgement, but What if the Petitioner himself nor the advocate for the Petitioner is attending after attending for 5(Five) hearings for thier Divorce Suit , What would or should the Judge do to my counters?
R.R. KRISHNAA
(Expert) 23 April 2010
In such case the respondent and his counsel on the next hearing date can strongly represent the court that the petitioner is absent for many hearings and there has been no representation on the side of the petitioner before the court and seek dismissal of suit. It would be much better that the respondent counsel may file a memo stating the absence of the petitioner/petitioner counsel on the dates of absence and seek dismissal of suit.
If the court finds from the records that the absence stated above is correct and if the petitioner is not present or represented by counsel on that day the court will definitely dismiss the suit i.e., dismiss for default.
Arvind Singh Chauhan
(Expert) 23 April 2010
Yes I agree with Mr. krishnna Suit should be dismissed after calling three times on the date fixed.
Querist :
Anonymous
(Querist) 23 April 2010
This is a Divorce Suit filed by Husband, I got it transfered from Dist Family Court to my Place to Prl Sr C J Court, in case of Suit Dismissal,
Que.1.Can he get it restored at the Original place of Suit Institution i.e Dist Family Court?
Que.2.Can he file a new Suit for Divorce at his Place i.e Family Court?
Que.3.Or can he go for Appeal to High Court please Explain?
Querist :
Anonymous
(Querist) 23 April 2010
This is a Divorce Suit filed by Husband, I got it transfered from Dist Family Court to my Place to Prl Sr C J Court, in case of Suit Dismissal,
Que.1.Can he get it restored at the Original place of Suit Institution i.e Dist Family Court?
Que.2.Can he file a new Suit for Divorce at his Place i.e Family Court?
Que.3.Or can he go for Appeal to High Court please Explain?
Querist :
Anonymous
(Querist) 23 April 2010
Dear Experts, The above question is supplementary to my Original question please answer!
Akhilesh Kumar
(Expert) 23 April 2010
He can restore but in which court by it is dismissed.
No he cant file new suit for same cause of action.
yes he can appeal but after restoration and aggrieved by order of the family court.
Raj Kumar Makkad
(Expert) 23 April 2010
In such circumstances petition is liable to be dismissed on default.
Querist :
Anonymous
(Querist) 23 April 2010
Raj Sir, Please also answer the following doubts:
his is a Divorce Suit filed by Husband, I got it transfered from Dist Family Court to my Place to Prl Sr C J Court, in case of Suit Dismissal,
Que.1.Can he get it restored at the Original place of Suit Institution i.e Dist Family Court?
Que.2.Can he file a new Suit for Divorce at his Place i.e Family Court?
Que.3.Or can he go for Appeal to High Court please Explain?
Suryanarayana Tangirala
(Expert) 24 April 2010
(1)No u cannot seek transfer at u r whims and fansies.
(2)No if he does it will amount to resjudicata
(3)In case of dismissal on contest u can prefer appeal,if it is dismissed for default u can seek restoration in same court i.e., Prl Sr CJ Court
Daksh
(Expert) 24 April 2010
I concur with Suryanarayana.
Best Regards
Daksh
