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
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.
Helpful
Helpful
Share
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.
Rate me Five Star*
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.
Rate me Five Star*
Helpful
Helpful
Share
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.
Please rate my answer
Thank You
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.
Please rate my answer
Thank You
Helpful
Helpful
Share
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.
Please rate my answer
Thank You
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.
Please rate my answer
Thank You
Helpful
Helpful
Share
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.
If you have found the answer helpful than please provide review and give***** as appreciation.
If you have found the answer helpful than please provide review and give***** as appreciation.
Helpful
Helpful
Share
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.
Court expartee order pass kar degi.
Helpful
Helpful
Share
Read Related Answers
Can divorce possible-Legal rights for men
Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruel...
Forced to Sign MoU for mutual divorce
Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband...
Mutual divorce
Dear Client,
As regards Query: I, you cannot modify the terms of settlement of mutual divorce once it is accepted by the other party and verified by the Court and fix the case for final hearing, even,...
Query Regarding Mutual Consent Divorce under Hindu Marriage Act
Dear Client
The dissolution is effective from the date of passing the order but it is always suggested to obtain the decree which gives and solidifies the finality to that order.
single status certificate
Dear Client,
Until and unless a decree of divorce is passed by the Cournt, your son cannot apply for the single status certificate and cannot remarry as per the Hindu Marriage Act, 1955, because under...
Read Blogs on Mutual Consent Divorce
Mutual Consent Divorce Lawyers
Find Lawyers by Location