Legal Question in Family Law in India

Re: comment plz

if u have rcd summons and u did not appear then it would have been dismissed. check it up through some lawyer or whatever.

if got dismissed then you can get it restored on certain grounds.

Re: comment plz

if you do not want to live with your wife get the divorce why prolong!

Re: comment plz

If you don't attend further the case will certainly decide on your obsence and the Petition may be dismissed for default.

As you have not contested the may in the lower court, the stay if so granted will not help you in the further proceedings.

First of all proceed to the lower court and file a Petition to restore the Petition.

In this aspect you have three remedies which are:

1. Restoration.

2. Review of the previous order.

3. Appeal agianst the lower court order.

4. fresh divorce Petition subject to limitation.

It is recommended to file restoration Petition.

Re: comment plz

if you fail to attend then the court would pass an (ex-parte )order without hearing you!

you can set aside the order but why go round about way contest the case!

Re: comment plz

if yiou have not attened the case for a long time find out if teh case is still pending. there is no quesiton of stay on that order of dismissal

Re: comment plz

where is the case pending and where was it initially filed. do give all the details through my mail. you will have to hire a lawyer to attend the court dates otherwise, she would obtain the adverse orders ex parte. you may surely get in touch at 9811284735 (Delhi)

Re: comment plz

Yes, it will be dismissed. However, if your wife also desires divorce, she may apply for grant of an ex parte decree.

You can of course appeal against the order.

Re: comment plz

can you let me know in which court (jurisdiction) is case filed and yes you have to attend the court at the time of hearing or the situation get verst for you. consult a lawyer or mail me your details

Re: comment plz

Only advise i can give to you is that forget about the case. It will be or might have already been dismissed. I feel you are not serious. Engaing a lawyer is not the end of all your duties as a litigant. Meet your lawyer regularly before the date if the case is still surviving.

Re: comment plz

you should attend the case.

Re: comment plz

If you will not attend the case then the court have no option but to dimiss your case. The court might have dismissed your case as you are not appearing in the case'

It is advisable to make enquiry either youself or through any lawyer to know the status of your case and in case if the court has passed any adverse order against you than file appeal. For further query contact me.

Re: comment plz

Generally when the case is transfered the court issue notice afresh and if plaintiff donot appear then the court have to dismiss the case.If your case is dismissed then you can get it restored by giving valid reasons for your non appearance and if court donot restore thae case then you can file appeal/revision against the order.