Application to restore divorce suit

Ranganath (Querist) 23 February 2012 This query is : Resolved
Ld counsels,

due to professional commitment husband couldnt appear before family court for two dates. In the last occasion on the same date he appeared in person before High court though the case reached for hearing in HC. Family court had dismissed divorce suit in default.

Last two dates where short dates within one week time. will appearance before HC be accepted as reasonalbe cause for restoring the divorce suit. Thanks in advance.

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Ranganath (Querist) 23 February 2012
sorry I meant case NOT reached before HC.

prabhakar singh (Expert) 23 February 2012
Dear Mr.Ranganath!
you have not been able to tell facts so that one can make a sense out of it and guide you properly.

Any way an order of dismissal of any case can be set aside even by the court which passed it provided an application is moved within 30 days along with an affidavit showing reasonable cause of non appearance.
In case 30 days have elapsed then a delay condonation application would be also required.
One does not need to go to High Court for this kind of dismissal.

Do not you have engaged any lawyer for your case.????
If not,I think you need one.

V R SHROFF (Expert) 23 February 2012
or Prabhakarji, he may like to cross check his advocate thru us.

Ans: Yours is reasonable cause for restoring: so Apply set aside order

Raj Kumar Makkad (Expert) 23 February 2012
Generally cases are restored subject to some cost so the reason shown in the application is perfect.

Shonee Kapoor (Expert) 23 February 2012
Agreed with the expert.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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