Petitioner presence on each and every date of hearing

I opine you or your own counsel/agent must attend the court or at least you have to submit reasons for not attending and adjournment of the case.

You have stated, inter alia, "A lady filed a MC in the honourable court of JMFC." what are contents of such MC? 

Further you have mentioned, inter alia, "But due to covid '19 and other reasons not attended the court and not received the summons by the Respondent that is her husband ". Do you expect the court or respondent husband shall pray the petitioner to pay a kind visit and attend proceeding ?

The court order is valid, legal and justified in dismissing the petition for non-prosecution when the petitioner or her counsel(s) do not appear.

What is your concern / problem  /locus standi to the MC / Petitioner and respondent ?

Be clear what you wanted to communicate, vague and confused facts can not lead to form proper opinion and oblige. If you are a party to the lis what is the opinion and advise of your counsel.


 

Dear experts, 

My concern is that  with out appreance of the Respondent  can the court can pass dismissal order as there is so many cases pending due to various reasons but the honourable court passed order dismissed for default even without appearing of the Respondent is my concern. That is all. 

It is the duty of the respondent to attend the court on receiving summons.  The wife got the knowledge and stated reasons of covid etc., and in those days the court has also not function, and the excuse appears without substance. it is not an expartee, but dismissal.  The query lacks clarity, if the court really dismissed after following the laid down procedure for issuing summons etc., it is the petitioner/plaintiff that must be worried and not the respondent.

Not clear when the case was filed but, as far as dismissal of case for non appearance is concerned, there was a suo moto extension of limitation period of by Hon'ble Supreme Court. 

So the courts cannot pass any adverse order  or dismissed the case for non appearance of party during covid period.

Non-appearnace of respondent and dismissal of petition is totally averse and different to dismiss in default, wherein later is due to fault (absence and non-prosecution) on the part of petitioner.

The petition can be dismissed in limni i.e., at the thresh hold (before admission) for varous reasons.

Your query is not clear therefore, it is better to consult a local prudent lawyer for professional advise.