Case getting delayed since second party not attending court
Daya
(Querist) 20 January 2015
This query is : Resolved
Hello All,
My sister's case is going on for maintenance since her husband cheated/and having other affair too. She is staying with us. we have filed Domestic case against him but after attending hardly once twice he did not attending court. We approach our Advocate and according to her court can't do anything like raising warrant and arrest him. If he will attend than ok other wise we can go third party and proceed further. according her we cant even filed FIR against him .
This clear mean criminal can do as he want than what is the use of Court. Can't court force him to attend hearing/ask reason why he didn't present on hearing date.
If this is the court working way, why should any criminal like to attend court everyone will be do as they want.
I do not understand what to do ? can anyone guide me how we proceed further.
Also it will be thankful if you can able to give senior advocate number of kalyan court, to with whom we can take guidance.
We are thank full if you can guide on the same. Thanks
T. Kalaiselvan, Advocate 
(Expert) 20 January 2015
You can make a search for advocate at Kalyan from the LCI database. He has to appear before the court either in person or through his lawyer. Your lawyer can very well represent this issue before the court, if she is not cooperating, you may change the lawyer.
Rajendra K Goyal
(Expert) 21 January 2015
If the opposite party not attending the court prey the court to proceed ex-party and meanwhile decide for the interim maintenance.
If your lawyer is not responding, you can change the lawyer.
ajay sethi
(Expert) 21 January 2015
your lawyer is right . in case husband does not appear in person or through lawyer court can grant you exparte reliefs
Daya
(Querist) 21 January 2015
Thanks to all for your guidance.
Before proceeding further I accept that if second party not attending we can proceed for the ex-party but simultaneously I would also like to know that is there no power with court that court force him to attend the date and can get it accept from second party that he has done wrong?
And secondly what basis she will get maintenance ?
Devajyoti Barman
(Expert) 21 January 2015
Court can never force a party to attend the court proceeding of civil nature.
If someone falters then the court can proceed ex parte.
T. Kalaiselvan, Advocate
(Expert) 24 January 2015
there are many ways to make him pay the maintenance amount ordered by court. After exparte decree, you may file collection petition or EP, can ask for arrest or attachment of his property. Law is not blind, it will show you the proper way, have faith and patience. Change your lawyer and engage a prudent and smart lawyer, you will be able to achieve what you want.
