Shiva......... (owner) 25 February 2014

How to drag the wife to court

Dear experts, plz give your suggestions.

In divorce case filed by me, wife is not at all appearing for evidence for second consecutive date. In fact she has not appeared even once till now. Only her lawyer is appearing. i dont want this to go for exparte order, since she may appeal later and case will be sent back to trial court again, as said by my lawyer.

My question is to avoid exparte order, how to drag her to court to give her evidence? Is there any options like sending warrant to her? plz advise me.

Thanks...

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3 Replies

nikhil singh (Advocate) 26 February 2014

See Divorce case is a civil case therefore there is no completion for Petitioner and Respondent to appear. Yes but there is completion of appearing for giving evidence. Do one thing if she does not come on the next date request Ld. ADJ to impose cost on her and grant last opportunity. If she does not appear again then again pray for imposing cost. Once the Ld.court start imposing cost on her she will appear. For further assitance you may contact

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in
+917838078186, +919352444446

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Shiva......... (owner) 26 February 2014

thank you very much for your valuable advice sir.

T. Kalaiselvan, Advocate (Advocate) 28 February 2014

The respondent need appear before the court once she is being properly represented by her lawyer. If you are the petitioner, it is your duty to prosecute the case, if at all necessary, she may appear on a later date to depose her evidence as defence side evidence, but you cannot compel her to do so. In fact there is no law to compel her appearance in civil cases, it is in her interest to contest the case as per the circumstances of the case.