Personal appearance for Reconciliation through Video Conferancing U/s 23(2) of the Act and on other
M.V.krishnarao
(Querist) 04 April 2011
This query is : Resolved
Question ::
Hindu Marriage Act:- Wife at USA for his M.S studies. Husband in India in his native place near Hyderabad. Husband a business man. Husband filed Divorce petition in the family court in India Family Court directed the wife to attend for reconciliation U/s 23 (2) of the Act. Wife filed petition for travelling expenses as she is a student under Sec 24 of the Act. Family court dismissed the petition that the wife failed to prove that she is a student and also mentioned in the order that the wife is earning by work without any record. Court also issued notice of attendance for reconciliation of issues in the matter and for possibility of reunion and proposed to fix a date.Wife filed CRP by filing documentary proof as a student and CRPMP for Stay of the notice of attendance before the High Court and are pending for judgement. Family Court is of the view to pass exparte order if the stay is not granted by the H.C for the notice of attendance for reconciliation or the wife fail to attendance for the reconciliation on the next date of hearing.
Please clarify whether such exparte orders are maintainable, if possible please kindly furnish relevant case laws or judgements regarding personal appearance for reconciliation through video conferencing U/s 23(2) of the Act and on other sections of the Hindu marriage Act in Divorce cases.
adv. rajeev ( rajoo )
(Expert) 04 April 2011
If stay is not granted by the high court Lower court need not wait for the high court order it can pass an ex-parte order. It will be a valid order.
Devajyoti Barman
(Expert) 04 April 2011
Yes in absence of stay order of the high court the lower court can proceed with the same. But generally to achieve the ends of justice and to maintain judicial decorum when any order of the lower court is assailed and pending for disposal before the high court, the lower court chooses not to go further with that suit.
