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Daffodils ( )     13 October 2016

Exparte divorce

Dear Learned Members

Greetings of the day!

My cousin brother has filed a divorce petition and he attended the first hearing along with his lawyer. But for the next 3 hearings he was not able to attend but the lawyer appeared in the court. Summons were sent to his wife but she received the first summon and didnt received the subsequent summons. Can my cousin brother appear in the court for the next hearing and request for exparte proceedings? Will his absense for the last 3 hearings will impact the exparte proceedings in any way?

Regards



Learning

 3 Replies

Sachin (N.A)     13 October 2016

Being a petitioner he is not legally bound to appear on each and every hearing. You should put your arguments strongly to make defendent exparty

sai narayana   13 October 2016

If you have valid proof of service of summons (received by wife) then you can insist on making the case as exparte regardless of petitioner's presence on previous hearings.

Daffodils ( )     13 October 2016

Sachin& Sai: Thank you sirs and appreciate your kind reply.

 


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