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Daffodils ( )     10 July 2012

High court's involvement in divorce case

Dear Learned members,


My div case is going on for more than 2 years without oppsite party's appearence in the court. Only advocate appear. Despite repeated orders she not appearing and geting the hearing date by telling some excuse.


Is there any provision to pray high court to direct the family court to look into the case and close if the other party do not obey the directions of the family court? If so please advice how and in what section should I file a petition in the high court.


Thank you in advance


 3 Replies

rajiv_lodha (zz)     11 July 2012

Divorce is a civil case dear. Party has to appear on the following occasions:

1) Reconcilation

2) Evidence

3) Cross

On other dates, her POA bearing advocate appears, u cant force her + case wont be closed as u wish+ HC can not do this task as u have asked.


Daffodils ( )     13 July 2012

Thank you Rajiv sir!

Judge says that she has to appear in person for counseling. 3 times he has passed the same order and he was very serious in the last hearing. He said that the counsel cannot file counter before her appearence. He also blasted the opposite lawyer seriously and said if she do not turn up next time then he may proceed with exparte.

Do you think that in the next hearing he may proceed with exparte if she do not turn up?


Shantanu Wavhal (Worker)     13 July 2012

no use of exparte

she will challenge it later.


file an application u/s 21 B for expeditious trial; on the basis of reasonable grounds in ur HC.

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