Legal Question in Family Law in India
Ld Counsels,
For a party in person, will it be enough to show that he was present before the high court for hearing due to which he couldnt attend proceeding before the family court. Both courts are in the same campus.
The case before HC has not reached on that day and no hearing happended. Family court has dismissed the case for default due to this non-appaarance. Can the case be restored due to this reason, Kindly clarify.
please also clarify, I have one OP and wife has another OP. I also have an IA in wife's OP. COurt had set me exparte in wife's OP and dismissed my IA in default. I have got a direction from HC to give full consideration to the IA at the time of final disposal. In the IA counter was filed by wife and written submission were also filed by both sides. after that HC directed the FC to consider it at the time of final disposal. Since I am set ex parte in wife's OP Will the court consider the contentions in IA. Also if I restore my OP will the ex parte decree in wife's OP will be automatically set aside irrespective of whose favor it was ordered.in fact the IA was dismissed in default is that right inpite of HC's direction to consider at the time of final disposal. Also I have field counter in wife's IA will that be considered at least. Thanks in advance.
2 Answers from Attorneys
yes, the person may file an application for restoration of the case on the ground of his presence in the HC.
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