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Shiva......... (owner)     02 February 2014

wife not appearing for evidence /cross

Hi, I filed 13(1) under desertion, cruelty & insanity as the grounds, with maximum evidence in my favour. Case is going on very fast. Case is pending for her evidence and cross. But she is not appearing before the court. Till now she has not appeared even once in the court. What should I do at this stage. And her plan is to just appeal it in higher court if judgement comes in my favour, simply to drag the case. So my question is without appearing for evidence and cross examination at lower court, can a respondent go for appeal in higher court.


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 6 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     03 February 2014

Dear Shiva,

When your wife is not appearing then you can ask court to proceed ex-parte. but it seems that in your case advocate is appearing on behalf of your wife. You have concluded your evidence and for her evidence she is not turning up then you can request the court to close the evidence of respondent / wife as she is not coming forward for her defense. In that case even the written statement / reply filed by her would not be read. The judge would decide in your favour. 

 

Rajiv Bhasin 

BHASIN LEGAL CONSULTANTS

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

 
 

Momin Awais (Advocate)     04 February 2014

ask the court to pass no cross order and proceed for the judgement

Shiva......... (owner)     04 February 2014

Thanks for the reply sir. And another question, for how many times she can get the dates for her evidence and cross, if she is not appearing before the court, before the judges proceed towards judgement.

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

If judge is satisfied that sufficient chances have been given to her side for defending her, at his discretion, the judge may close the defence evidence and post the case for arguments and orders.

T. Kalaiselvan, Advocate (Advocate)     15 February 2014

To your question: "And her plan is to just appeal it in higher court if judgement comes in my favour, simply to drag the case. So my question is without appearing for evidence and cross examination at lower court, can a respondent go for appeal in higher court."

She can prefer an appeal only after the case has been decided in the lower court, without an apeal will not be maintainable.

vanitha.U.M (ADVOCATE)     27 March 2014

advocate can rise objection with cost proceeding and proceed for judgement


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