Whether presence of respondent/accused not necessary in domestiv violence case and matrimonial case

JAVED AFZAL (Querist) 13 February 2016 This query is : Resolved
Dear Expert,

Will you please guide me following

1. That in the Domestic violence case/Matrimonial cases presence of the respondents/accused is not necessary.

2. IF respondent avoiding summons continuesly and later on proceeded ex-parte by the court. Pls guide me whether he can set aside the ex-parte order.

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Devajyoti Barman (Expert) 13 February 2016
1. Presence of respondent is preferred but his absence can be dispensed with if he is found absent.
2. The setting aside of ex parte order takes time and has no guarantee of success more so if he is found to have avoided service.
I always advise to contest on merit than bank upon chances.

Kumar Doab (Expert) 13 February 2016
I fully agree with viewpoint of Expert Mr.Barman "contest on merit than bank upon chances. "

Rajendra K Goyal (Expert) 13 February 2016
Agree with the expert Devajyoti Barman.

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