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caps (x)     31 January 2015

Non appearance

Hi. Divorce case filed by husband. Wife filed maintenance case u/s24 and also 125,498a etc . Wife is not coming for hearing & only represented by her lawyer. Her lawyer categorically said 'wife' won't come, even  for cross examination. Wife has claimed a lot of rubbish in her u/s 24 petition without a single piece of evidence. Now she is not letting her to be cross examined. My question is will the court still grant maintenance?

thanks in advance.



 3 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     31 January 2015

without any piece of evidence or  corroborative evidence  no order on maintaninance can be passed. In such case the applicant has to prove  her maintainance case. Than only order shall be passed. 

Regards ,

ADV. NIKHIL SETH

 Mumbai

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     31 January 2015

 

The family courts act takes away the right of a person to be represented by a legal practisioner as a matter of right. Hence the court decides the same on its discretion. Courts usually directs parties to be present in person.

However i think she cannot refuse to come during cross examination. The same might result in her evidence being struck off record. Adverse inferences may also be drawn against her.

Augustine Chatterjee

Advocate

9999931153

caps (x)     01 February 2015

The case is in a civil court. Is there a difference between civil & family court?  or do same rules apply for both?


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