Bhushan Sharma (Supervisor) 15 December 2012

Opposite party not coming for contesting in civil case

Respected members,

I have filed for Child custody case in Ghaziabad Disctrct court, since then 2 court hearings happened but my wife & her family is not coming forward in the court, also they are not available on the phone & not ready to talk or compromise. 2 Notices & 1 Publication in the newspaper have been issued but still they are kept quite.

I would like to know, what I can do to bring them in the court. If they dont come in the court, then is it possible that Court issues order to the police to bring them in the court? Is it possible that in the absence of the opposite party court gives EX-Party order for Child Custody?

My Lawyer is saying that in family cases the court doesn't order the police to bring them in court........

My Father in Law is a policeman, ASI in Ghaziabad police thats why they are not bothered to contest the case and no body can harm them.

What can else be done further ?

Reply Follow

5 Replies

Tajobsindia (Senior Partner ) 15 December 2012

If Notice have been served to respondent as per Law and Paper Publication have also been completed with then wait for ex-parte Judgment of the Court. It is sweet will of respondent in Civil cases to file appearance or not. If appeared then case goes on to trial stage and if she does not appear then by following due process in Law (as has been done) a ex-parte Judgment is passed in reference to context, and it is not necessary that meanwhile you should talk to mother of the child.

Then execute the ex-parte Judgment. Then come back here sharing what happened in Execution Court for further guidance.

1 Like

Shantanu Wavhal (Worker) 15 December 2012

rightly advised by Taj.

however, its always better to get a contested decree.

ex-parte decree can be challenged by the opp. party.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 15 December 2012

Dear Querist

I also agree with Experts

Vtands (member) 18 December 2012

Boss .

Take an ex parte degree,after that file an execution petition that degree be enforced by Police.

Go 2 police and and if in same city simply go with them and bring child with you.

Now the child be produced in court and opposite party will also come.

Just make sure the child remains with u For atleast a day and in the court u take a date.

After that suppose Exparte order is set aside (which will be)-dont handover the child back and tell court u will challenge the order in higher court and challenge,uske baad HC se notice,paas time..fir supreme court ,

remember this is only against Ex parte order and not the main case.

Try speed up the case and get ex parte and execution fast.

Dont take child to court.

They