If my husband and lawyer is absent on hearing
Guest
(Querist) 23 December 2010
This query is : Resolved
I have filed a case of section 125 crpc against my husband, as he have thrown me out from his house and is not ready to accept me back. Next week i have the first hearing of 125 maintenance case.
But from my husband's relatives i came to know that he is not coming to my city for hearing and neither he have appointed a lawyer.
So on the dated hearing day, if nobody comes to court ,and no information. Then what will i do ???
1)If my husband keep missing his hearing dates ,and no lawyers come on hearing from his side , then how will the case proceed ??? And can my husband do such things repeatedly ???
2) How many chance can court give him this way, when he and his lawyer is absent, nobody comes to court from their side.
3) And in such situation how does court react ???? Can i get intermim maintenance even if he or his lawyer doesn't appear in court and doesn't inform anything ???
4) what is ex-parte decision ??? Can court order for an ex-parte maintenance ???
Devajyoti Barman
(Expert) 23 December 2010
1. Further proceeding of a case does not depend on the appearance of husband. He can be duly represented through his lawyer.
2.If both he and his absent , the court can safely proceed ex parte without waiting for any of them.
3.Yes you get interim maintenance ex parte.
4. Now you got the answer for 'ex parte'.
adv. rajeev ( rajoo )
(Expert) 23 December 2010
If your husband failed to appear on the date of apperance he will be placed as ex-parte. After ex-parte order by the court you can proceed with the case like leading your evidence and wittnesses in support of you.
If he didn't appear on the date of hearing, court will hear you and necessary orders will be passed.
Kirti Kar Tripathi
(Expert) 23 December 2010
You have ascertained as to whether the notice of the case have been served to your husband, in case, the notice have been served, you may request for proceeding the case Ex-parte. However, it will depend on the Court, whether it gives further time or proceed Ex-parte. Normally, the Court do not proceed Ex-parte on the first date of hearing and orders for taking further steps.
Guest
(Querist) 23 December 2010
Thankyou verymuch all......
