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Sunil Kumar (IT)     19 December 2019

Second defendant not appearing in civil case

Experts,

Me and wife got divorced through family court and it was a contested case(not mutual).

She filed defamation case against myself and my mother in a civil court. I apeared in the court gave my evidence and my cross examination is also done. 

Now ex-wife has filed another petition for my mom to appear in the civil court for cross examination. I dont want my mom to appear in the court at all. 

My mom is second defandent in the case. 

Is it mandatory that the second defandent should appear in the court ?

What if mom never appeared in the court ?

Experts please advice. 

 

Thanks

Sunil



Learning

 5 Replies

Sb Karma   19 December 2019

state to the court any valid reason to not present in court....with cause may be court grant non presence.....

so for this please get assist with local lawyer,he may advice for actual facts and reason

Shashi Dhara   20 December 2019

Inform the court that your mother is unable to lead evidence if they need let they take commission and submit evidence thru commission who will come to spot and record evidence in residence where your mother resides.

TGK REDDI   21 December 2019

It's possible cross can be done in your house.

Dr J C Vashista (Advocate)     23 December 2019

You have already engaged / paid an able, competent and intelligent lawyer who is well aware about the facts and circumstances of the case, follow him/her as advised without wasting your precious time and efforts for obligation of experts (although it is available FREE OF COST) on the basis of limited facts posted by you.

If you have lost faith in your lawyer it is advisable to change him/her immediately and engage another local prudent lawyer for better appreciation of facts / documents, guidance and proceeding.

P. Venu (Advocate)     30 December 2019

In my understanding, the plaintiff cannot compel the defendant to lead the evidence. It could be a different matter if the plaintiff summons the defendant as his/her witness.


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