Petitioner appearing on date of hearing
Dr. Shekhar
(Querist) 23 January 2015
This query is : Resolved
I am an petitioner with my divorce case pending and next date of hearing in July 2015. I am planning to go overseas. Supposing I am not able to attend and nor my advocate only the next date in July 2015, please inform what happens in such situation.? Is the case closed by court for non attendance or is the next date given ? The respondent has already never appeared since overseas.
Jayashree Hariharan
(Expert) 23 January 2015
You have filed the case so if you do not appear, nor does your advocate, after a few chances, your case will be dismissed for default.
Dr. Shekhar
(Querist) 23 January 2015
Madam, Thanks for reply. But I asked if only in the July 2015 hearing if it so happens. In the next after this I expect to appear. In this case also will the court dismiss
DR.VEDULA GOPINATH
(Expert) 24 January 2015
If you continuously absent during the hearing.Hon. court shall decide the matter ex parte or dismiss the case.
Better you engage an advocate.
Opposite party can ask the court to give orders prohibiting your going abroad and travel documents can be asked to be deposited to court.
Better you take the leave of the court and then go abroad.
dr vedula gopinath
Rajendra K Goyal
(Expert) 24 January 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Application-for-filing-evidences-when-going-overseas-503421.asp#.VMM8ANKUfJc
http://www.lawyersclubindia.com/experts/Personal-appearance-requirement-465216.asp#.VMM8a9KUfJc
ajay sethi
(Expert) 24 January 2015
repeated query
T. Kalaiselvan, Advocate 
(Expert) 26 January 2015
You have been answered properly, why do you want to insist about Jul again, whenever you are not appearing before the court continuously for more than one or two hearings, the court will issue notice to you for appearance and after that also if you do not appear, your case, if your petitioner, will be dismissed for default and if you are a respondent, you will be set exparte and the decision will be against you.
prabhakar singh
(Expert) 26 January 2015
Let me make it clear to you that when a petitioner does not appear to attend his case wjen calls are made the case gets dismissed in default for which restoration
remedy lies with out notice if it was proceeding exparte, in other situations with
notice.
However you can manage this situation even if you are pressing your cause personally
and for sure no dismissal shall take place.
