Family court Family court

2 years ago

Court “ Family Court:
Under section 13,1, ia Hindu Marriage Act
Three Notice have been served to Respondent But not received
Court issued summons to appear in person (O.5 Rule 3)
The respondent not willing to appear in the court
So in this regard what is consequences

Meenakshi Periyahkaruppan

Responded 2 years ago

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A.If the respondent does not appear in spite of several intimations through court, and if you are able to prove the same in court, then you can proceed the case by getting for exparte order.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
If Court feels that summons are sufficiently served then Respondent will be placed ex-parte and your evidence will be recorded. In many a times the Courts went on reissuing the summons/notices to the Respondents. Better get newspaper publication and convince the Court to record your evidence and pronounce the judgment.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The court is empowered to pass an ex parte divorce decree in favour of the plaintiff. The legal validity, enforceability and operation of such decree is similar to any bi-parte decree. It is the duty of the respondent to appear court when issued with summons. The default of appearance does not harm the other party and court will proceed the case after reasonable time of getting response from the respondent's side.
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Anik

Responded 2 years ago

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A.HI,
In case, where divorce notice is not duly served due to plaintiff’s fault, the court has the power to impose cost on the plaintiff for the postponement of the hearing. In case, where even after the notice to summon in front of the court is duly served to the respondent but the respondent chooses not to appear in front of the court for the divorce proceeding, then the court is empowered to pass an ex parte divorce decree in favor of the plaintiff. The legal validity, enforceability and operation of such decree is similar to any bi-parte decree.
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Vaidehi Samant

Responded 2 years ago

A.Even after issuing summons for three times if the party is not appearing you shall request the Court to pass an exparte decree in respect of your matter. Thank you.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap ko court se by post summons bhejna hoga. Agar tab bhi defendant present nhi hota hai. Tab aap apne advocate se ek application news paper me summon nikalne ke de court application par order pass kar degi. Coury newspaper me summons nikalne ke baad service complete man legi. Aap ka case defendant ke khilaf expartee proceed hoga.
Court expartee order pass kar degi.
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