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priti (nothing)     06 July 2013

Dv case against husband and family

hello experts,

i got married 2 years back, tortured by husband and family mentally and physically and finally deserted.

filed dv case u/s 12, summons served to him through embassy and his family through post.None appeared to attend the trials. how long the court will just keep on serving summons, what procedure needs to be followed.



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 3 Replies

Manoj Kumar Jain (abc)     06 July 2013

If summons deleivered and anone appeared then Ex Parte proceeding will be adopt by court

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 July 2013

If the summons are properly served and despite that he does not appear or any other person on his behalf does not appear then the could would proceed ex-parte as provided in O 9 r 6 of CPC, 1908....However if some one appears on the next date and shows a suficient cause for not appearing then the court could proceed bi-parte and hear both the parties as if both of them had been present on the first hearing (O 9 r 7)..............There are other options available with the husdand i.e he can set aside the ex-parte by filling an application under O 9 r 13 or could even file an appeal under section 96 of the code...

 

 

Advocate Kapil Chandna

+91-9911218741

priti (nothing)     07 July 2013

summons came back writing insufficient address though address was complete and through embassy ,they might had send it but no appearance. again the court sent summons. now how long will the judge take to declare ex-partee and will a warrant be issued after that?


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