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raghav's videos   01 October 2021

Husband not coming to court after receiving the notice from court

one of my friends husband is not coming to court after receiving notice from the court . his family members are escalating things telling he is not there .

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     01 October 2021


Court can procees further without presence of husband on filing application by your advocate. 

minakshi bindhani   01 October 2021

As per your query concerned!

Under Order 9, Rule 6(1)(a) the court may proceed ex-parte and pass an ex-parte decree when it deems fit that the defendant has absented himself from the court on the date of hearing stated in the summons served to him by the provisions of the Code.

When summons duly served. if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte.

Hope it clarifies the issues!
Minakshi Bindhani

Pradipta Nath (Advocate)     02 October 2021

Court can proceed as per the material records available with it.

Dr J C Vashista (Lawyer)     03 October 2021

Whether the case is civil or criminal ?

In a civil case it would be proceeded ex-parte whereas in a criminal case the court shall issue warrants of arrest.

Consult your lawyer who is well aware about facts of the case.

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