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Taken for granted (housewife)     22 May 2014

What will happen if i miss the first date of hearing

If I do not appear in the first hearing of divorce case what will happen?will the court give another date and I will be intimated about the same trough post as I was intimated about the first date?



 7 Replies

Arvind Singh Chauhan (advocate)     22 May 2014

Court will proceed expartee. Please read the summon/notice.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 May 2014

Do you have a lawyer? If so, ask him to go before the court and request an adjournment. The lawyer may ask you the reason for not appearing before the court. If you do not have anything, ask him to invent one. If you have not yet appointed a lawyer and the reason is not that you are not able to be physically present, then appear yourself in the court and pray for an adjournment.

Who has filed the case for divorce, you or your husband? Though the notice may say that the case will be decided ex-parte, court generally will not generally do that, especially to a woman. The court will adjourn the case to another date. The court may inform you. But it would be better, if you yourself inquire and find out.

1 Like

Sudhir Kumar, Advocate (Advocate)     24 May 2014

once received a notice the it is your duty to keep yourself aware of the dates.

1 Like

Adv k . mahesh (advocate)     24 May 2014

in the first hearing or say nearly two or three hearing court will see weather respondent is present and through your lawyer and no one is present the petitioner may insist to grant exparte order which means what ever the prayer of the petitioner is there judge may order \

and you do not have chance to defend and again you have to file appeal on the ex parte order and defend again 

1 Like

stanley (Freedom)     24 May 2014

The court will not take a decision on the first hearing . You may very well file an application stating the reason as to why you cant attend the court and ask for an adjournment and send it with someone reliable from your end to submit it in the court or alternatively if you have appointed a lawyer he would do the needfull . 

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 May 2014

An ex-parte order does not necessarily mean dismissal of the case if the petitioner is absent nor acceptance in to-to of the petitioner's pleadings if respondent is absent. An ex-parte decision means a decision on merits of the case based on evidence available before the court.

If you are respondent in the case you would have received a copy of the complaint filed by the petitioner. If you receive the notice of hearing at short notice you can state that itself as the reason for non-appearance and not being prepared to give your response orally or in writing. Thereafter you can file your affidavit in response with case No. etc and send to the court address by Registered AD. If your affidavit is received sufficiently in advance of the next hearing, the court is bound to take notice of the same even if by any chance you are unable to attend the next hearing also. You send a signed copy of your affidavit to the petitioner also mentioning the fact in the original to the court. Keeping silent or ignoring court notices is never advisable.

Also if the case is decided in your favor, the opposite party goes on appeal to the higher court and you are unable to hire a lawyer or go the distance of the higher court, then also you send your affidavit by Registered AD. In a good and fair legal system courts cannot take the stand that they will take cognizance of oral presentations before them only and not on written presentations in absentia. If they do so they have to give sufficient justifications.

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     20 June 2014

You will be placed ex parte and case will be posted for the evidence.  You can file an application to set aside the exparte order and you can file objections.

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